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10/24/1995 - Regular ~ I I ~ October 24, 1995 719 Roanoke County Board of Supervisors Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 October 24, 1995 The Board of Supervisors of Roanoke County, Vi"rginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of October, 1995. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3: 00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Edward G. Kohinke, Sr., Supervisors Lee B. Eddy, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator: Paul M. Mahoney, County Àttorney: Brenda J. Holton, Deputy Clerk: John M. Chambliss, Assistant County Administrator: Don C. Myers, Assistant County Administrator: Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES ~ "'"" 720 October 24, 1995 þ The invocation was given by Gardner W. smith, Director, Development Services. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney added an item to the Executive Session 2.1-344 A (5) to discuss the location of a prospective business or industry. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS h Proclamation Declarinq the Week of November 12 -I November 18. 1995 as American Education Week in Roanoke County. Mr. Jerry Canada, Chairman of the School Board: Ms. Judy Deyerle, President, Roanoke County Education Association; and Dr. Deanna Gordon, School Superintendent, accepted the proclamation from Chairman Minnix. Supervisor Kohinke moved to approve the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: BRIEFINGS ~ Report from Total Action Aaainst povertv (TAP) on theirl l ~ I I ~ October 24, 1995 721 30-year history. (Cabell Brand. retired Chairman. TAP Board of Directors) R-l02495-1 Mr. Brand introduced his wife, Shirley, and advised that he was elected Chairman Emeritus since retiring as Chairman of TAP. He served as a joint appointee from Roanoke County and the City of Salem for the past thirty years. He advised that TAP was started in 1965 as a community action agency to operate local and federal poverty programs, and has been very successful at improving the poverty statistics for Roanoke County and the TAP area. TAP has brought in over $300 million of cash resources into this area to help with the poverty population. He expressed his and TAP's appreciation for all of the contributions made by Roanoke County during these thirty years and for making the Pinkard Court facilities available. He expressed appreciat~on to Mrs. Elizabeth Stokes for being an active representative on the TAP Board for many years. Supervisors Eddy and Nickens expressed appreciation to Mr. Brand for his dedication and leadership role in the success of TAP. Chairman Minnix expressed his appreciation and presented Mr. Brand with a resolution recognizing his many years of service to the Roanoke Valley. Supervisor Kohinke moved to adopt the resolution of appreciation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix ~ ,... 722 October 24, 1995 þ NAYS: None RESOLUTION 102495-1 OF APPRECIATION TO CABELL BRAND FOR 30 YEARS OF SERVICE TO TOTAL ACTION AGAINST POVERTY AND THE ROANOKE VALLEY WHEREAS, in 1964, Congress passed the Economic Opportunity Act and authorized locally organized and controlled Community Action Agencies to operate local and federal poverty programs: and WHEREAS, Cabell Brand met with the local governing bodies to determine how the Roanoke Valley could best help individuals and families move from poverty and welfare to become self supporting productive citizens: and WHEREAS, in 1965, Total Acticnu Against Poverty (TAP) was chartered as the official poverty agency for the cities of Roanoke, and Salem, and the Counties of Roanoke, Botetourt and Bedford: and WHEREAS, Mr. Brand was appointed by the Roanoke county Board I of Supervisors as one of its representatives to the TAP Board of Directors: and WHEREAS, until his retirement in September 1995, Mr. Brand served as Chairman of the TAP Board of Directors, and served longer than anyone else in that position in the united States: and WHEREAS, over the last 30 years, at his own personal expense, he has made countless trips to Washington and Richmond to lobby for funds for programs such as Head Start, Virginia Water Project, virginia Cares, job training and housing: and WHEREAS, under Mr. Brand's leadership, TAP has served as a role model of one of the most successful community action agencies in America. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia wishes to express its deepest appreciation to CABELL BRAND for his 30 years of service as Chairman of Total Action Against Poverty working on behalf of the disadvantaged people of the Roanoke Valley: and FURTHER, the Board of Supervisors wishes Mr. Brand continued success in all his future endeavors. On motion of Supervisor Kohinke to adopt the resolution, and I carried by the following recorded vote: l ~ I I "'II1II October 24, 1995 723 AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None ~ Report from Blue Ridqe Community Services Board. (Susan Scheibe. BRCS Board Member) Ms. Scheibe advised that the BRCS had provided a report for the supervisors containing a list of programs and FY 95 performance figures. She described some potential future changes in the manner and scope of BRCS services due to pending legislation. Since early 1970, the Commonwealth of Virginia has provided funding for community based services to persons with mental illness, mental retardation and/or substance abuse through Community Services Boards and BRCS is the CSB for this area. The current administration is developing a plan for a management care incentive system which will substantially reduce local control and community authority in favor of centralized decision making in Richmond, and there are plans to have a pilot program in the Tidewater area. The virginia Association of Community Services Board is proposing an alternative system but she assured the Board that BRCS's commitment will continue undiminished to the extent that their resources will permit and urged the Board to be conversant on these developments and the effect upon the citizens. She advised that Dr. Fred Roessel, Executive Director, and Thomas Chapman, Director of Administration, were present if there were questions. Supervisor Johnson thanked Ms. Scheibe for her report and alerting the Board to the potential changes. ~ ,... 724 October 24, 1995 þ ~ Update on the Dixie Caverns Landfill Superfund Cleanup. (Georqe Simpson. Assistant Director of Enqineerinq & Inspections) Mr. simpson advised that the cleanup at Dixie Caverns Landfill is nearing completion and that all the flyash has been shipped to high temperature metals recovery facilities in Rockwood, Tennessee, or Chicago, Illinois, for recycling of the metals content. The total cost to the County for the project to date is approximately $7.5 million: Roanoke Electric Steel has reimbursed the County $1. 5 million; and there is $1.9 million remaining to finish the project. The stream remediation which started in January, 1993, will continue for another twelve to eighteen months at an approximate cost of $2.5 million. The total project cost will be approximately $10 million and the county's share will be about $7.8 to $8 million. He presented a slide presentation depicting the removal process and the present condition of the site. I IN RE: NEW BUSINESS . h Request for assiqnment of Bikeway Classification for Hollins Road. (TimothY Gubala. Director of Economic Development) A-l02495-2 Mr. Gubala advised that Roanoke County has placed Hollins Road (State Route 601) on the Virginia Department of Transportation I l ~ I I ~ October 24, 1995 725 Secondary Road System six Year Construction Plan. In 1991, the Metropolitan Planning Organization (MPO) of the Fifth Planning District Commission approved and adopted an update to the Roanoke Valley Area Bikeway Plan. One of the recommendation designated Hollins Road for bikeway improvements, particularly upgrading the bikeway from Class III (a designated shared roadway for vehicles and bikes) to Class II (a separate bikeway with exclusive use of bicycles) . The planning and design of Hollins Road is at a point where a decision needs to be made as to what bikeway" classification is assigned. Mr. Gubala advised that assignment of a Class III Bikeway would have a minimal fiscal impact with signage provided by VDOT and that a Class II Bikeway would cost approximately $224,500. Mr. Gubala recommended approval of Alternatives #1: Hollins Road be assigned as a Class III Bikeway by VDOT and that bikeway signage be installed and Alternative #2: that a joint work session be held with the Board of Supervisors, VDOT, arid the Fifth Planning District's MPO. Scott Hodge, Assistant Resident Engineer, VDOT, was present and answered questions. After discussion, Supervisor Nickens moved to approve the staff recommendations of Alternatives #1 and #2. The motion carried by the following recorded vote: AYES: Supervisors Kohinke, Nickens, Minnix NAYS: Supervisors Johnson, Eddy ~ "'"" 726 October 24, 1995 þ ~ Request to approve additional proiects to the Drainaqe Maintenance Priority List. (Arnold Covey. Director. Engineering & Inspections) A-l02495-3 Mr. Covey recommended approval of Projects P-187 through P- 208 for inclusion to the Drainage Maintenance Priority List for FY 95- 96. Funding is available for projects remaining on the priority list from the previous fiscal year and funding is available for proposed projects P-187 through P-202. Supervisor Eddy asked that project #197 be corrected to show that it is in the Cave Spring District and not the Windsor Hills District. I Supervisor Nickens moved to approve the additional projects. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ~ Report on costs. consideration and options for the County to assume partial responsibility for mowinq median strips. (Don Myers. Assistant Administrator) A-l02495-4 (DENIED) Mr. Myers advised that at the July 25, 1995 Board Meeting, a question arose regarding VDOT' s mowing of median strips on primary roads and at the August 22, 1995 meeting, staff was asked to look at I l ~ I I ~ October 24, 1995 727 the alternatives of mowing by the Parks and Recreation Department or inmate labor under the direction of the Sheriff's Office'. If the P&R Department were given the additional responsibility for medians, the approach would be to use contract services since it would require adding to the existing staff and equipment. The availability of inmate labor would be on weekends only and would require equipment, supervision and transportation with safety and liability being of great importance. Estimates obtained by the Procurement Department indicated that mowing could be contracted at a total cost for four cuttings of $29,792, or use inmate labor at cost for four cuttings of $2,800 with funding from the unappropriated General Fund balance. Another consideration is that the effect of any action would be that the County would be assuming a State function without the benefit of State funding. Supervisor Johnson moved to approve that moving be negotiated with private contractors at cost of $29,792 annually for four cuttings with funds from the unappropriated General Fund balance. The motion was defeated by the following recorded vote: AYES: Supervisors Johnson, Kohinke NAYS: Supervisors Eddy, Nickens, Minnix Supervisor Eddy asked that staff research how other counties handle these responsibilities and bring back a report to the Board. IN RE: REQUESTS FOR WORK SESSIONS h Request for a Joint Work Session with the Roanoke ~ "'"" 728 October 24, 1995 þ Reqional Chamber of Commerce. It was the consensus of the Board that the Chairman and Supervisor Johnson meet with the leadership of the Roanoke Regional Chamber of Commerce instead of having a work session. Mr. Hodge will obtain available dates for the meeting. IN RE: REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Kohinke moved to approve the first readings and set the public hearings and second readings for November 21, 1995. AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix I The motion carried by the following recorded vote: NAYS: None h Ordinance authorizinq a Special Use Permit to construct a 140 foot communications tower and accessory buildinq. located on Poor Mountain. Catawba Maqisterial District, upon the petition of Valley Communications. ~ Ordinance to rezone 1.109 acres from R-l to C-l to construct anoffice/meetinq hall. located at the west side of Shadwell Drive. Hollins Maqisterial District, upon the petition of IUE Local 162. Inc. ~ Ordinance to and C-2 to located at Maqisterial Sayers. rezone 1.146 acres from R-l and C-l to R-l o~erate a personal services facility, 3142 Brambleton Avenue, Cave Sprinq District. upon the petition of Marta ~ Ordinance to rezone 28 acres from AR to R-l to construct sinqle family residences, located on Yellow Mountain Road. Cave sprinq Maqisterial District. upon I the ~etition of Saunders & Wells Investments. l ~ I I ~ October 24, 1995 729 IN RE: FIRST READING OF ORDINANCES h Ordinance authorizinq the acquisition of necessary easements to construct the Fort Lewis Sewer Submain. (Gary Robertson. Director, utility) Mr. Robertson advised. that the Fort Lewis Sanitary Submain proj ect is being constructed as part of the repair and replacement program and involves the acquisition of several easements. Supervisor Nickens moved to approve the first reading and set the public hearing and second reading for November 21, 1995. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES h Ordinance amendinq and reenactinq portions of Article II. Sewer Construction. of Chapter 18. Sewers and Sewaqe Disposal of the Roanoke County Code and authorizinq the adoption bY resolution of the "Desiqn and Construction standards for sanitary Sewer Facilities." (Gary Robertson. utility Director) 0-102495-5 and R-l02495-6 Mr. Robertson advised that there has been one change to the ordinance since the first reading. Mr. Mahoney recommended that the ordinance and resolution be treated as two separate items and two ~ "'"" 730 October 24, 1995 þ votes be taken. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Supervisor Minnix moved to adopt the resolution with Supervisor Eddy's change to Design Standard #12 in the manual. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 102495-5 AMENDING AND REENACTING PORTIONS OF ARTICLE II. SEWER CONSTRUCTION, OF CHAPTER 18, SEWERS AND SEWAGE DISPOSAL OF THE ROANOKE COUNTY CODE AND AUTHORIZING THE ADOPTION BY RESOLUTION OF THE II DESIGN AND CONSTRUCTION STANDARDS FOR SANITARY SEWER FACILITIES· I WHEREAS, the adoption of this ordinance is authorized by Chapters 9 and 18 of Title 15.1 of the 1950 Code of Virginia, as amended: and WHEREAS, the first reading of this ordinance was held on October 10, 1995: and the second reading and public hearing of this ordinance was held on October 24, 1995. BE IT ORDAINED by the Board of supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 18, Sewers and Sewaqe Disposal of the Roanoke County Code be, and it hereby is, amended and reenacted to read and provide as follows: Chapter 18 SEWERS AND SEWAGE DISPOSAL * * * * I ARTICLE II. SEWER CONSTRUCTION l "'II1II ~ October 24, 1995 731 Sec. 18-31. compliance with article; interpretation of plans, specifications, etc. All work under this article shall be done in accordance with plans and specifications on file in the office of the public wor]cs ~~:~1~~:~' d~II'~!~~'~:~~ð!~!~'~~'~~9!'ñ'h·!ß!'~~!:~·8~~~f il~~Y or specifications shall be interpreted and decided by the public Hor]t3 I ...,........¿V&WJ.... (Code 1971, § 16-3) Sec. 18-32. Inspections. The engÍ1u:er A#.$.g$.$Y:ª4~ªÇ@.ªpUor his duly authorized representatives shall ihšþêê€ârl"'wÔfkånd materials necessary for the completion of the work under contract and the contractor shall furnish him and his inspectors with all needed facilities for the carrying out of such inspection. (Code 1971, § 16-4) Bee. 18 33. Gupplyin~ af linos aDd gradcs. All neceDDary lineD and gradeD DRall be furnished by the engineer, and the contractor Dhall provide, at his own expenDe, such m~terial3 and labor aD the engineer may require foraDDi3tance in this '.;or]t. ':Phe contractor Dhall notify the engineer t\;enty four (24) hours in advance that grade ota]cc3 are needed. (Code 1971, § 16 5) I See. 18 34. ~~~~læ!#:!!*contractor responsible for safety of public. The contractor shall bear full responsibility for safety of ~ "'"" 732 October 24, 1995 þ the public in carrying out his work and shall provide all safeguards and lights necessary. (Code 1971, § 16-6) Cross reference(s)--Contractors and tradesmen, § 7-31 et seq. See. 18 3S. GtaDdards of material aDd workmanship. All material shall be of the best quality obtainable under the trade classifications, and any material not meeting the approval of thc en~ineer shall be rejccted. All ~or]œanship ohall be of the highcot quality obtainable. TyTitrified glazcd clay sc,¡¡er pipe 3hall conform to the requirements of the A.C.T.li. de3ignated as "Ctandard Cpecificationo for Clay Ceycr ripc A.C.T.li. Deoignation C 13 35." Brick shall be of the best quality, w-holc, oound, hard, I burned brick of perfcct ohape and acceptable to thc engineer. Cement 3hall be a standard brand portland cement mccting all require~ents of the A.C.T.li. dcsignation C 9 30. Cand shall be of a clean, dry, sharp naturc and shall not contain loam, clay or vegetablc matter in exceso of threc (3) percent by ,¡¡eight. liortar ohall consiot of one (1) part portland cemcnt and two (2) parts clean, dry sand mixed vith clean yater to the proper consistcncy. !!anhole C07ers and frames shall be of a good quality grey iron, having a tenoile 3trength of not lcss than eighteen thousand (18~000) pounds per oquarc inch. Casting shall conform to size and shape as shor"m on public wor]w department standard No.2 001739. (Code 1971, § 1G 7) See. 18 36. TreDca standards. Thc excavation shall consiot of opening the trench from the surface to pipe gradc. The trcnch shall be twclve (12) inches greater in width than the outside diameter of thc pipe and ohall run to true grade as sccured from gradc lincs established by the enginecr. When the trench is excavated below grade, it shall be filled to grade ¡¡ith I l ~ I I "'II1II October 24, 1995 733 dry, clcan 3and or clay securely rammcd, placed in layers not excccding 3ix (6) inchcs in depth. Thc trench shall not be cxca~atcd in advancc of fini3hcd pipc, laying a distancc of more than fivc hundrcd (500) feet, without written pcrmisoion of the engineer. When roc]( io cncountered, it shall be remmred full "vddth to a depth of four (4) incheD below pipe grade and the trench brought up to gradc \dth clcan, dry sand or clay securcly rammed in placc. no rock ohall be removed by blasting unless it is at least twenty fi·.¡c (25) fcet in advancc of the pipe laid in the ditch. (Code 1971, § 16 ß) See. 18 37. ripe layiBg. Bcforc placing the pipe in thc trcnch, a bell hole shall be dug sufficicntly deep to allori acccss for the joint ,:ipcr complctcly around the joint of thc pipe. Bcll holes shall bc dug 30 as to lcave thc body of the pipc on smooth, hard ground and thc body of the pipe shall ha~e a full bcaring in the bottom of thc trcnch. ripc shall be laid to true, otraight, line and gradc betwecn manholc3 from thc atakcs sct by thc enginccr. ripe ohall be laid uith bclls upgradc and 3ccurcly jointcd bcforc ma](ing up thc joint. Thc type of joint matcrial shall bc spccificd by the cnginccr. Aftcr thc joint haa bccn made up, the pipe shall bc backfilled to the 3prin~ line and side tamped oecurely in place. (Codc 1971, § 1G 9) See. 18 38. BaekfilliBg. Aftcr thc joints ha~e bccn made up, thc pipe shall bc bac](fillcd with loosc, dry carth or clay and thoroughly tamped in six inch layer3 to a point onc foot above thc top of the pipe. The rcmaindcr of thc ditch 3hall then be fillcd \;ith loose, dry carth, thoroughly tampcd in two foot layers, to the ourfacc of the ditch. no roc]m or hard clumpo 3hall be uscd until a depth of four (4) fect o~J'cr the pipe has bccn reachcd, thcn roc](s or clumps of ohalc not cxceeding fifty (50) pounds in weight may bc uscd. Wherc possiblc in thc oplnlon of the cnginccr backfilling abovc the spring line of thc pipc shall not bc done until the ccmcnt ~ ,... 734 October 24, 1995 þ mortar, if Dpccificd, in the joints has hardened, and in no caDC shall bac]cfillinEj be carried past a point t\/cnty fi·Je (25) fect in back of thc pipc laying. Thc ditch shall at ;)ll timeD be ]ccpt free of watcr and pipe shall only bc laid on a dry, firm bed. On pavcd or unpaved strcetD the ditch 3hall bc bac]cfi1lcd and tamped to the lcvel of thc Dtrect and all cxccss rcmovcd or placed in ouitablc spoil pilco for futurc usc in scttling of the ditch. On trenchcs through ficldo or pri~atc propcrty thc tamping may bc omittcd aftcr the fir3t foot above the pipe and the cxccss dirt heaped on thc ditch line. All streets ohall be returned tQ their original condition, eithcr by rcpaving or graveling, as required by the Dtatc highway dcpartmcnt, and all rcquiremcnts of the statc highway departmcnt shall be complied with. Wyc branchcs shall be placed in thc pipc linc at thc pointo I designatcd by thc cngineer and ohall be pl;)ced GO that thc branch is in no casc loycr than forty fivc (45) dcgrcco \;ith thc ccntcr lcvcl of thc pipc linc. Thc branch of thc ~jC ohall be Decurely Dupportcd in placc by a foundation of concrete or mortar extcnding four (4) inchc3 on either sidc of the branch and up to thc center line of the branch. (Codc 1971, § 16 10) Bee. 18 39. MaBhelcs. llanholcs Dhall bc constructcd of good quality hard burncd bric]c and ohall conform to the plana on filc in the office of the enginccr. Each manholc shall be pro~idcd \Jith a top and otcps 0.0 shown on the plans. (Codc 1971, § 1~ 11) Bee. 18 49. Laterals. Latcralo, or house ser~ice connections, shall be laid to a otraight line and in accordance rtith specifications as 3et forth under occtiofÌ 10 J 7. Oa]mm gao]ccts may be omitted upon apprmral of the enginccr in which casc an adcquate mmb shall be uscd to thoroughly clean thc inside of the joint after the cement mortar hao becn prcsscd I in place. Unlcss othenJisc dirccted by the engineer, servicc laterals shall bc not lcso than four (4) inches in size and shall have a minimum gradc of onc quartcr of one inch to the foot fall. Cervice l ~ I I "'II1II October 24, 1995 735 latcral3 laid but not immcdiatcly uscd Ghall have in thc opcn cnd a suitablc plug for kcq~ing out dirt and infiltration. A ".;atcr tight or lcak proof flcxiblc coupling or adaptcr aD spccificd by thc cnginccr or thc administcring authority (county puàlic scrvicc authority, or any other authority) ohall be uscd to connect the building scwer latcral to thc public ocwcr lateral. (Codc 1971, § 1G 12) See. 18 41. InfiltratioB. Each complcted scction of pipc from manholc to manhole ohall be tcsted for infiltration ~hen the trench io conoidcrcd suitably floodcd by the cnginccr and in no caGe shall any line bc acceptcd in which the infiltration cxcccds 3cvcn thousand fivc hundrcd (7,500) gallonG pcr milc of pipc pcr day. (Codc 1971, § 16 13) Sees. 18 42 18 69. Reserved äêõsliîä#.äl: );::îäAdioWiäêsêrvêð£ ....... ............... .-.-..................... .;.:::..-;.:::::::::::::;:;:;;;;::::::::::::.;.;.:.; .......................................................................................................... ..........................................................................................;.:.:.:.:.:.:.:.:.:.. 2. That these amendments, additions, and reenactments shall be in full force and effect from and after November 1, 1995. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None RESOLUTION 102495-6 ADOPTING A MANUAL OF REGULATIONS AND POLICIES ENTITLED "DESIGN AND CONSTRUCTION STANDARDS FOR SANITARY SEWER FACILITIES" WHEREAS, in order to insure that all sewer facilities in Roanoke County be of a consistent quality and in order to provide clarification for review, construction and inspection services of these facilities, the utility Department and the Department of Engineering and Inspections, have suggested certain amendments to Article II, Sewer Construction, of Chapter 18, Sewers and Sewage Disposal: and WHEREAS, the amendments include adoption by resolution of a manual entitled "Design and Construction Standards for sanitary Sewer ~ "'"" 736 October 24, 1995 þ Facilities"; and WHEREAS, these sewer construction standards would provide a uniform design and construction standard for Roanoke county and would coincide with the water standards previously approved by the Board of \ Supervisors. WHEREAS, this Manual has been reviewed by the Regional Home Builders Association, local contractors, suppliers, and the State Health Department. Roanoke material NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, adopt a manual of regulations and policies entitled" IIDesign and Construction Standards for Sanitary Sewer Facilities" to insure uniform design and construction standards and to assist the County and the public in the clarification of review, construction, and inspection of sanitary sewer facilities. FURTHER, this Manual shall be in full force and effect from and after November 1, 1995, and that this effective date shall apply to development plans which have been accepted for review by the I Department of Engineering and Inspections prior to November 1, 1995: provided said plans in the review process receive final approval by the County within sixty (60) days of November 1, 1995. Nothing contained herein shall prevent the Board from considering and adopting amendments to suc~ Manual at any time it is deemed appropriate. On motion of Supervisor Minnix to adopt the resolution with Supervisor Eddy's revised Design standard #12 to the manual of "Design and Construction Standards for Sanitary Sewer Facilities", and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None IN RE: APPOINTMENTS h Industrial Development Authority Supervisor Minnix nominated Guy Byrd to serve a four year term which will expire September 26, 1999. Supervisor Johnson nominated Randy Likens to replace Howard II ~ Parks and Recreation Advisory commission l ~ I I "'II1II October 24, 1995 737 Bullen, at-large member, who recently resigned. Supervisor Eddy asked for additional time to receive other nominations since this was an at- large appointment. Chairman Minnix advised that he would hold the nominations open until the next meeting. ~ Orqan Donation and Tissue Transplantation Commission. Supervisor Minnix nominated Mary Allen to serve an initial one year term. ~ Library Board Supervisor Kohinke asked that the supervisor-elect from the Catawba District be made aware of this appointment at the appropriate time. IN RE: CONSENT AGENDA R-l02495-7 Supervisor Nickens moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Supervisor Eddy asked that Item 1 reflect that the minutes of the September 26, 1995 meeting are for the joint meeting with the Town of Vinton. RESOLUTION 102495-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke ~ ,... 738 October 24, 1995 þ County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for October 24, 1995, designated as Item L - 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 - September 12, 1995, and 1:§:lñM 1@!:1t~ñq:::::WÆ.::~§.::§Ê:M:¡;nÊ9ìt:::::èñ September 26, 1995.""'"'''''''''' 2. Confirmation of Committee Appointment to the Planning Commission. 3 . Approval of raffle permit for Total Action Against Poverty (TAP). 4. Approval of a 50/50 raffle permit for Calendar Year 1996 from the William Byrd High School Cheerleading Booster Club 2. That the Clerk to directed where required by law to separate vote tabulation for resolution. the Board is hereby authorized and set forth upon any of said items the any such item pursuant to this I On motion of Supervisor Nickens Resolution, with notation that September 26, joint meeting with Town of Vinton, and carried recorded vote: to adopt the Consent 1996 minutes were for by the following AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Kohinke: (1) He attended the American Native Pow-Wow at Green Hill Park and commended the staff on an excellent event. Supervisor Eddy: (1) He asked for the results of the recent change in the method of refuse collection. Bill Rand advised that the I process is going well: that they had some initial problems: and that l ~ I I "'II1II October 24, 1995 739 the daily mileage has been reduced 30%. (2) He asked for the status of the adoption of a model BPOL ordinance. Mr. Mahoney responded that he will have the first reading of the ordinance on November 21, 1995. (3) He asked for the status of the Staff Retreat which was held October 20, 1995 at Camp Roanoke. Mr. Hodge advised that the retreat was very successful and that he will give a report to the Board. (4) He advised that Chairman Minnix wrote a letter to Senator Robb thanking him for his efforts to include Roanoke County in the Appalachian Regional Commission (ARC) , and advising that Roanoke County will renew its request to be included in the ARC in the future. (5) He advised that he sent a copy of an article in the Readers's Digest about cheating in high schools to Dr. Gordon and Mr. Canada and was advised that cheating is not a big problem here, and that the Roanoke County Education Association (RCEA) is conducting a survey on this subject. (6) He asked about the status of the study of water and sewer rates. Mr. Hodge advised that there will be a report or a work session at the November 21, 1995 meeting. (7) He advised that Supervisors Minnix, Johnson, and he were present at the School Board meeting last night to hear the consultant's report on the southwest County schools situation and suggested that one or more joint meeting should be held with the School Board about funding. Supervisor Nickens: (1) He advised that he was also at the School Board meeting last night. (2) He asked about the status of the approval of the Health Department's budget for the current year. ~ "'"" 740 October 24, 1995 þ Mr. Chambliss advised that it will be brought back to the Board in next few weeks. (3) He asked about the status of the Workers Adjustment Act which allows state personnel to retire early but requires contributions to the cost from the localities. Mr. Hodge will bring a report to the November 21, 1995 meeting. (4) He asked for a staff report at a future meeting about the Roanoke River Parkway construction including bids and whether a bike path was included. Supervisor Johnson: (1) He advised that he attended an Audit Committee meeting today: that a new format and more information is now contained in the General Fund Unappropriated Balance Report: and that a work session has been scheduled today to review quarterly revenue. (2) He advised that Mr. Hodge, members of staff, and he I meet with Dr. O'Brien at Hollins College: that Hollins College has a \ new entrance: that the traffic lights at Hollins College will be operational shortly: and that the traffic lights at Plantation Road and Old Hollins Road are functioning well. supervisor Minnix: ( 1) He advised that he sent another letter to the Valley governments concerning the Towers-Perrin Report, and that he will advise the Board on the responses. Supervisor Eddy advised that he received a memorandum from Mr. Hodge about meetings which were held with staff from the City of Roanoke to address the Towers-Perrin Report and was encouraged to see staff moving ahead with discussions. (2) He advised that he and Mr. Hodge met with the I County Administrator and Chair of Botetourt County concerning the l ~ I I ~ October 24, 1995 741 Urban Partnership and ways to express their concern at the Virginia Association of Counties Conference about Urban Partnership decisions. He advised that he and Mr. Hodge will meet with the County Administrator and Chair of Bedford County on October 25, 1995, and at 10 a.m., on October 25, 1995, he and Supervisor Johnson will meet with Mayor Bowers and representatives of the City of Roanoke to discuss areas of mutual concern. Supervisor Nickens: ( 1) He asked about the status of the letter that the Board directed be sent to General Assembly incumbents and candidates for election asking for their stand on Urban Partnership. There was no consensus that this direction had been given by the Board. Supervisor Nickens asked that the Deputy Clerk research the records and advise him when this direction was given. (At the work session on rollovers, Supervisor Nickens advised that this direction was not given at a public meeting of the Board but was made in a meeting with staff.) IN RE: REPORTS Supervisor Johnson moved to receive and file the following reports after discussion of Items #10 and #11. The motion carried by a unanimous voice vote. h General Fund Unappropriated Balance ~ Capital Fund Unappropriated Balance ~ Board Continqencv Fund j "'"" 742 October 24, 1995 þ ~ proclamation siqned by the Chairman ~ Bond Project status Report ~ Report from VDOT on additions to the Secondary System in September 1995. ~ Statement of Expenditures and Revenues as of 9/30/95. ~ Accounts Paid - September 1995. ~ Receipt of letter from the Town of Vinton reqarding the use of coal combustible bVDroducts as fill material. 10. Report on the Fifth Planninq District Commission 11. Reqional Stormwater Manaqement Proqram. Report on First Quarter Claims Activity for the Self- I Insurance Proqram. Mr. Hodge advised that a work session on the self-insurance program is scheduled for the November 21, 1995 meeting. IN RE: WORK SESSIONS h QuarterlY Financial Review It was the consensus of the Board that the work session be held after the Evening Session. ~ Rollover of Departmental Savinqs from the fiscal year ended June 30, 1995 It was the consensus of the Board that the work session be held after the Executive Session. I l ~ I I ~ October 24, 1995 743 IN RE: EXECUTIVE SESSION At 5:30 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia section 2.1-344 A (5) to discuss the location of a prospecti ve business or industry. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: WORK SESSION h Rollover of Departmental Savinqs from the fiscal year ended June 30. 1995 At 6:10 p.m., the Board returned from Executive Session and began the work session. The work session was conducted by Diane Hyatt, , Brent Robertson, and Mr. Hodge. Supervisor Nickens suggested that all non-capital items be removed from the rollover list and that all add back items be prioritized by the Board. It was the consensus of the Board that this item be brought back to the Board for further discussion and action after the evening session. IN RE: RECESS At 6:55 p.m., Chairman Minnix declared a five minute recess. ~ "'"" 744 October 24, 1995 þ IN RE: CERTIFICATION OF EXECUTIVE SESSION R-l02495-8 At 7:00 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy; Nickens, Minnix NAYS: None RESOLUTION 102495-8 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act: and WHEREAS, section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. I NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervi~ors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the certification Resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None I l ~ I I ~ October 24, 1995 745 IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES At the request of Ms. Etzler, petitioner, Chairman Minnix received Board consensus to have the public hearing for the special use permit for a private kennel heard as the first item instead of the fourth item. Chairman Minnix introduced Tommy Joe William, leader, and members of Boy Scout Troop 149 who were present and working on their community merit badges. h ordinance authorizinq a special Use Permit to operate a private kennel. located at 4613 Bonsack Road. Hollins Maqisterial District. upon the petition of Donna Etzler. Harrinqton. (Terry Planninq and Zoninq Director) 0-102495-9 Mr. Harrington advised that this is a petition for a special use permit to operate a private kennel in an R-1, residential district, and that the Planning Commission recommended approval with / the condition that the number of dogs shall be limited to five. Supervisor Johnson moved to adopt the special use permit with the condition added that staff shall make an administrative review after twelve months and report back to the Board of Supervisors. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Eddy, Nickens, Minnix j "'"" 746 October 24, 1995 þ NAYS: Supervisor Kohinke Supervisor Kohinke advised that he did not support the motion because he has consistently voted against private kennels in residential neighborhoods. ORDINANCE 102495-9 GRANTING A SPECIAL USE PERMIT TO DONNA ETZLER TO OPERATE A PRIVATE KENNEL LOCATED AT 4613 BONSACK ROAD, (TAX MAP NO. 40.14- 2-25), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Donna Etzler has filed a petition to operate a private kennel located at 4613 Bonsack Road (Tax Map No. 40.14-2-25) in the Hollins Magisterial District: and, WHEREAS, the Planning commission held a public hearing on this matter on October 3, 1995: and WHEREAS, the Board of Supervisors of Roanoke County, I Virginia, held a first reading on this matter on September 26, 1995: , the second reading and pUblic hearing on this matter was held on October 24, 1995. 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 operate a private kennel located at 4613 Bonsack Road (Tax Map No. 40.14-2-25) Hollins Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of virginia, as amended, and said Special Use permi t is hereby approved with the following condition: (a) The number of dogs shall be limited to five. (b) Staff shall make an administrative review of the special use permit after twelve months and report back to the Board of Supervisors. On motion of Supervisor Johnson to adopt the ordinance and grant the special use permit with conditions (b) added, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Eddy, Nickens, Minnix Supervisor Kohinke I l ~ I I ~ October 24, 1995 747 ~ Ordinance to rezone 38.22 acres from R-l. sinqle family to PRD, planned reside~tial development to construct residential homes, located at Mountain View Road and Laurel Glen Lane. north of the Blue Ridqe Parkway, Vinton Magisterial District. upon the Detition of Wolf Creek Inc. (Janet Scheid. Planninq and Zoninq) 0-102495-10 Ms. Scheid gave a summary of the project history and advised that the proffered conditions are contained in the notebook marked Exhibit "A". She advised that the proposed development is comprised of five residential neighborhoods; one area consisting of 37 traditional single family residences: three areas consisting of 49 village homes: and one area consisting of 19 townhomes or deckhomes. No commercial uses or apartments are being proposed. Public utilities are proposed to be provided by the Town of vinton with the proposed sewer line crossing the Blue Ridge Parkway. An analysis of environmental impacts has been conducted and no significant impacts were found. The goal for this development is to be a compatible adjacent use to the Blue Ridge Parkway, and the Preliminary Master Plan represents a cumulative, cooperative effort, over the last nine months, between the developer, the County, the Blue Ridge Parkway and other groups interested in the preservation of the Parkway. Almost five acres -of this parcel that are in critical Blue Ridge Parkway ~ "'"" 748 October 24, 1995 þ viewsheds will be donated to the National Park Service and leased back to the Wolf Creek Homeowners' Association. This land will remain open and undeveloped with the exception of walking trails and a picnic shelter. Another four acres of property will be included in a linear park system weaving throughout the development. The mass, scale and 'color of the proposed homes and the bUffering effect of natural landforms will help in achieving compatibility with the Parkway. Supervisor Eddy commented that this is an outstanding piece of work: that it is the first Planned Residential Development (PRD) in Roanoke County: and will serve as a model and guideline for future developments. Supervisor Johnson agreed that it was an outstanding I presentation and Supervisor Nickens commended all concerned on an excellent plan. Supervisor proffered conditions. vote: AYES: Supervisors NAYS: None Nickens moved to adopt the ordinance with The motion carried by the following recorded Johnson, Kohinke, Eddy, Nickens, Minnix ORDINANCE 102495-10 TO CHANGE THE ZONING CLASSIFICATION OF A 38.22-ACRE TRACT OF REAL ESTATE LOCATED AT MOUNTAIN VIEW ROAD AND LAUREL GLEN LANE, NORTH OF THE BLUE RIDGE PARKWAY (TAX MAP NO. 50.04-3-73) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-l TO THE ZONING CLASSIFICATION OF PRD WITH CONDITIONS UPON THE APPLICATION OF WOLF CREEK, INC. I WHEREAS, the first reading of this ordinance was held on September 26, 1995, and the second reading and public hearing were l ~ I I ~ October 24, 1995 749 held October 24, 1995: and, WHEREAS, the Roanoke County Planning commission held a public hearing on this matter on October 3, 1995: and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 38.22 acres, as described herein, and located at Mountain View Road and Laurel Glen Lane, north of the Blue Ridge Parkway, (Tax Map Number 50.04-3-73) in the vinton Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of PRD, Planned Residential Development District. 2. Creek, Inc. That this action is taken upon the application of Wolf 3. That the owner of the property, Wallace P. Muse on behalf of the Estate of Frank Muse, and the developer, Wolf Creek, Inc., have voluntarily proffered in writing conditions which are made a part hereof and incorporated herein by reference and which are set out in detail in the attached Exhibit A entitled "A Rezoning Application: Planning and Design Documents for Wolf Creek Planned Community, County of Roanoke, Virginia, Roanoke County's First Planned Res idential Development (PRD), Wol f Creek, Inc., Owner & Developer, Hill Studio, P.C., Planner & Landscape Architect, June 23, 1995, Updated September 13, 1995, September 29, 1995, and October 17, 1995" which conditions the Board of supervisors of Roanoke County, Virginia, hereby accepts. follows: 4. That said real estate is more fully described as BEGINNING at corner #1, said point located on the northerly right-of-way of Virginia Secondary Route #651, said point also being the southeasterly corner of Lot 1, Section 7, Falling Creek Estates (PB 12, page 170): thence leaving Route #651 and with section 7, Falling Creek Estates, N. 14 deg. 41' 52" E. 1043.04 feet to corner #2, said point located on the southerly boundary of section 3, Falling Creek Estates (PB 9, page 71): thence continuing with Section 3, Falling Creek Estates, N. 67 deg. 14' 20" E. 779.21 feet to corner #3, said point located on the westerly ~ "'"" 750 October 24, 1995 -þ side of section 5, Falling Creek Estates (PB 9, page 146): thence continuing with Section 5, Falling Creek Estates, S. 16 deg. 54' 06" E. 491.70 feet to corner #4: thence with the new boundary lines of Lot 6 for the following three courses comprising the southerly portion of Lot 6, section 5, Falling Creek Estates, S. 89 deg. 15' 46" W. 20.00 feet to corner #5: thence S. 16 deg. 42' 00" E. 224.60 feet to corner #6: thence N. 73 deg. 05' 54" E. 20.00 feet to corner #7, said point located on the original Lot 6 boundary line: thence continuing with the southerly boundary of Lot 6, S. 16 deg. 54' 06" E. 312.03 feet to corner #8, said point being the northwesterly corner of Cindy F. Ross property: thence leaving Lot 6 and with Ross S. 16 deg. 54' 06" E. 514.98 feet to corner #9, said point located on the northerly right-of-way of Laurel Glen Lane, said point also being the southwesterly corner,of property of Cindy F. Ross (DB 1376, page 943); thence leaving Ross and with Laurel Glen Lane for the following three courses, S. 66 deg. 28' 05" W. 203.72 feet to corner #10: thence S. 47 deg. 43' 04" W. 29.58 feet to corner #11: thence S. 63 deg. 22' 10" W. 514.79 feet to corner #12, said point located at the I intersection of Laurel Glen Lane and Virginia Secondary Route 651: thence leaving Laurel Glen Lane and with Virginia Secondary Route 651 for the following four courses: thence with a curve to the left which said curve is defined by a delta angle of 13 deg. 05' 55", a radius of 577.37 feet, a chord of 131.71 feet and bearing N. 75 deg. 18' 09" W. to corner #13: thence with a curve to the right which said curve is defined by a delta angle of 27 deg. 18' 49", a radius of 481.01 feet, a chord of 227.14 feet, and bearing N. 68 deg. 11' 43" W. to corner #14: thence N. 47 deg. 52' 47" W. 362.91 feet to corner #15: thence N. 49 deg. 26' 32" W. 202.61 feet to corner #1, the place of beginning and containing 38.22 acres. 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 Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None I l ~ I I ~ October 24, 1995 751 ~ Ordinance authorizinq a special Use Permit to allow an accessory apartment. located at 5757 Grandin Road Extension. Windsor Hills Maqisterial District. upon the petition of Jane Allison Parker. (Terry Harrinqton. Planninq and Zoninq Director) 0-102495-11 Mr. Harrington advised that this is a request for a special use permit to construct an accessory apartment attached to a single family dwelling and is consistent with the development designation of the Comprehensive Plan. The Planning commission recommended approval. There was no discussion and no citizens requesting to speak on this issue. Supervisor Eddy moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, KOhinke, Eddy, Nickens, Minnix NAYS: None ORDINANCE 102495-11 GRANTING A SPECIAL USE PERMIT TO JANE ALLISON PARKER TO ALLOW AN ACCESSORY APARTMENT LOCATED AT 5757 GRANDIN ROAD (TAX MAP NO. 66.04-1-11), WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, Jane Allison Parker has filed a petition to establish an accessory apartment located at 5757 Grandin Road, Tax Map No. 66.04-1-11, in the Windsor Hills Magisterial District: and WHEREAS, the Planning Commission held a public hearing on this matter on October 3, 1995: and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 26, 1995: .~ "'"" 752 October 24, 1995 þ the second reading and public hearing on this matter was held on October 24, 1995. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to allow an accessory apartment located at 5757 Grandin Road (Tax Map No. 66.04-1-11) in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of virginia, as amended, and said Special Use Permit is hereby approved. On motion of Supervisor Eddy to adopt the ordinance and grant the special use permit, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix None ~ ordinance authorizinq a Special Use Permit to construct I a fast food and drive-in restaurant. located in Oak Grove Plaza Shoppinq center. Windsor Hills Maqisteria1 District. upon the petition of McDonald's Corporation. (Terry Harrinqton. Planninq and Zoninq Director) 0-102495-12 Mr. Harrington advised that this is a request for a special use permit to construct a drive-through facility at a McDonald's restaurant within Oak Grove Plaza. It is consistent with the Core land use designation of the Roanoke County Comprehensive Plan and is not expected to adversely affect the shopping center, surrounding properties, traffic flow or safety. Fast food restaurants are a the special use permit is required only for the requested drive- I permitted use by right within shopping centers in C-2 districts and ~ ~ I I ~ October 24, 1995 753 through window. The proposal is to remodel the space previously occupied by a Super-X pharmacy with approximately 4,000 square feet for the proposed restaurant and indoor playplace and 1,000 square feet, which is the current loading dock area, converted into the drive-through. The company plans an innovative drive-through design which routes the vehicles through the building at the loading dock area and will use an employee to take orders at the drive-through menu board rather than a remote speaker phone to eliminate noise. The Planning Commission recommended approval of the special use permit with seven conditions. Ms. Maryellen Goodlatte, attorney representing McDonald's, spoke in support of approving the special use permit and introduced Mike Grim, owner of seven McDonald's, and Jeff Baker, engineer. Mr. Ed Natt, attorney representing Charles Line, President of Tech-Line, Inc., owner of the Oak Grove Plaza, advised that the owner and most of the tenants were in support of the special use permit because adding a base tenant such as McDonald's would improve the shopping center, attract other tenants, and the owner could borrow money to make other needed improvements. The following citizens spoke concerning the special use permit: 1. Richard R. Sayers, P. O. Box 404, Roanoke, VA 24003, attorney for Oak Grove Office Park, spoke in opposition because of traffic concerns. ~ ,... 754 October 24, 1995 þ 2. Sue M. Harris, 2826 Merino Drive, SW, spoke in opposition because of traffic and safety concerns. 3. Bob Shelton, 5141 Hackney Lane, SW, spoke in opposition because of traffic safety concerns, and provided'photographs. 4. Mark Slusher, 2232 Pommel Drive, spoke in opposition because of traffic concerns. 5. Chuck Parker, 4645 Grandin Road, tenant, spoke in support, and presented petitions. 6. Patsy Gord, 2626 Southwoods Drive, spoke in support. 7. Annette Yates, 2009 Electric Road, tenant, spoke in support and presented petitions. 8. Mary B. Davis, 1848 Bridle Lane, SW, spoke in opposition I because of traffic concerns. 9. Ken Ballard, 515 Hackney Lane, spoke in opposition and would prefer a different tenant such as a grocery store. 10. Sherry Wagstaff, 5116 Meadow Creek Drive, spoke in opposition because of traffic concerns. 11. Elizabeth Belcher, 5998 Grandin Road Extension, spoke in opposition because of safety, after-hours activity,' and traffic concerns. 12. Dallas A. People, 106 Blackwater Circle, spoke in support because of McDonald's and owner Mike Grim's community involvement and organization of Ronald McDonald House in this area. 13. Jesse Kent, 3632 Peakwood Drive, spoke in support because of McDonald's and owner Mike Grim's community involvement and organization of Ronald McDonald House in this area. I l ~ I I ~ October 24, 1995 755 Ms. Goodlatte, Mike Grim, and Jeff Baker addressed the community concerns about increased traffic and advised that stacking for the drive-through would not interfere with traffic in the shopping center and Carriage Drive. Supervisor Eddy advised that he was concerned about the lack of assurance that the owner would improve the shopping center: that the economy of the owner should not be considered in land use issues: that traffic would be increased: and that a precedent might be established by approval for other fast food restaurants along that portion of Route 419. Supervisor Eddy moved to deny the special use permit with conditions. The motion was defeated by the following recorded vote: AYES: Supervisors Eddy, Minnix NAYS: Supervisors Johnson, KOhinke, Nickens Supervisor Nickens advised that while he shared some of Supervisor Eddy's concerns, particularly about traffic, he felt that the special use permit should be approved since VDOT has no concerns about the location, use or design of the drive-through window. However, since traffic is of such major concern in the neighborhood, he suggested that a neighborhood study of the traffic could be done either by VDOT or the County. He reported that he had visited all of the other McDonald's in the area and was very impressed with their method of operation. S4pervisor Nickens moved to adopt the ordinance with ~ ,... 756 October 24, 1995 þ conditions. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Nickens NAYS: Supervisors Eddy, Minnix ORDINANCE 102495-12 GRANTING A SPECIAL USE MCDONALD' S CORPORATION TO CONSTRUCT A FAST FOOD RESTAURANT IN OAK GROVE PLAZA SHOPPING CENTER, 76.07-4-33), WINDSOR HILLS MAGISTERIAL DISTRICT PERMIT TO AND DRIVE-IN (TAX MAP NO. WHEREAS, McDonald's Corporation has filed a petition to construct a fast food and drive-in restaurant located in Oak Grove Plaza Shopping Center, Tax Map No. 76.07-4-33 in the Windsor Hills Magisterial District: and WHEREAS, the Planning Commission held a public hearing on this matter on October 3, 1995: and WHEREAS, the Board of Supervisors of Roanoke County, I Virginia, held a first reading on this matter on September 26, 1995: the second reading and public hearing on this matter was held on October 24, 1995. 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 construct a fast food and drive-in restaurant located in Oak Grove Plaza Shopping Center (Tax Map No. 76.07-4-33) in the Windsor Hills Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: a) The special use permit shall be for a drive through- window facility owned and operated in conjunction with a McDonald's restaurant. b) The drive~through shall be designed and constructed in general accord with the conceptual plans submitted as part of the application. The drive-through facility shall be an"interior design", as shown on the plan. c) Any new lighting installed at the center associated with I the proposed drive-through or restaurant, shall be "down lighting" and shall not exceed .5 foot candles at the ~ ~ ~ October 24, 1995 757 property line, nor shall it cast any glare on adjacent streets or surrounding properties. d) Speed bumps, designed to slow traffic within ~the center, shall be installed within the main shopping center traffic aisle, which is adjacent to and parallel to the building. e) Directional signage and/or a railing shall be installed at the end of the sidewalk in front of the proposed restaurant, notifying pedestrians to exercise caution as they approach the exit of the drive-through facility. Additional signs shall be installed cautioning users of the drive-through to watch for pedestrians. f) A planted landscape strip shall be installed along Carriage Lane separating the drive-thru from Carriage Lane. I g) Screening and buffering shall be provided where necessary to ensure that headlight glare from vehicles using the drive-thru does not affect area property owners or vehicles using Hackney Lane or Carriage Lane. On motion of Supervisor Nickens to adopt the ordinance and grant the special use permit, and carried by the following recorded vote: AYES: NAYS: Supervisors Johnson, Kohinke, Nickens Supervisors Eddy, Minnix ~ Ordinance authorizinq a Special Use Permit to construct a convenience store with a fast food restaurant. located at the intersection of Williamson Road and Summer View Drive. Hollins Maqisterial District. upon the petition of Jones & Jones. Associates. (Terry Harrinqton. Planninq and II 0-102495-13 Mr. Harrington advised that this is a request for a special Zoninq Director) j ,... 758 October 24, 1995 þ use permit to construct a convenience store with a fast food restaurant. While the property is zoned C-2, General Commercial, a special use permit is required for both the convenience store and the fast food restaurant facilities. No drive-through facilities are proposed at this time. Traffic and access concerns were the primary issues discussed and debated by the Planning Commission, particularly in view of the unusual arrangement where Summer View Drive intersects with Williamson Road. He advised that the Planning Commission initially voted to deny the petition but it was approved upon a substitute motion with one condition. He advised that the petitioner will present a modified proposal to improve the access situation to the property. Mr. Jyke Jones, architect, representing owner Gene Lucas, described the various components of the multi-use facility, the modified proposal, and responded to questions. Ms. Susan Beragha, 8577 Muirfield Drive, spoke in opposition because of several concerns such as having gasoline in the flood plain next to Tinker Creek: high traffic pattern next to a residential section: license for alcohol: and late night noise and potential for crime. Supervisor Johnson responded to her concerns. Supervisor Johnson moved to approve the special use permit wi th the three conditions developed during the meeting added to the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix I I l ~ I I "'II1II October 24, 1995 759 NAYS: None Supervisor Johnson requested that staff check with the Virginia Department of Transportation about installing a stop sign on the eastern side of the bridge. ORDINANCE 102495-13 GRANTING A SPECIAL USE PERMIT TO JONES & JONES ASSOCIATES TO CONSTRUCT A CONVENIENCE STORE WITH A FAST FOOD RESTAURANT LOCATED AT THE INTERSECTION OF WILLIAMSON ROAD AND SUMMER VIEW DRIVE (TAX MAP NO. 28.05-1-9), HOLLINS MAGISTERIAL DISTRICT WHEREAS, Jones & Jones Associates has filed a petition to construct a convenience store with a fast food restaurant located at the intersection of Williamson Road and Summer View Drive (Tax Map No. 28.05-1-9) in the Hollins Magisterial District: and WHEREAS, the Planning Commission held a public hearing on this matter on October 3, 1995: and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 26, 1995: the second reading and public hearing on this matter was held on October 24, 1995. 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 permi t to construct a convenience store with a fast food restaurant located at the intersection of Williamson Road and Summer View Drive (Tax Map No. 28.05-1-9) Hollins Magisterial District is substantially ~ ,... 760 October 24, 1995 þ in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended, , and said special Use Permit is hereby approved with the following condition: (a) The site shall be developed in general conformity with the submitted site development plan dated August 25, 1995, revised through October 24, 1995. (b) An earthen berm shall be installed along the southern portion of the property. The berm shall be at a sufficient base elevation relative to the base elevation of the proposed buildings, and shall be of a sufficient height, mass and location to completely screen the proposed buildings from the Meadowbrook condominiums. Canadian spruce, leyland cyprus or a comparable conifer, shall be planted on the top of the berm, with continued planting down to the creek. The trees planted shall be a minimum of 6 to 8 feet in height at time of planting, and shall be of a sufficient quantity to provide a further screening, buffering and professional landscaping effect. I (c) All lighting installed shall be down lighting, shall be of a box type design, and shall be directed away from adjacent and nearby neighborhoods. The lighting standards contained in the zoning ordinance shall also be met. On motion of supervisor Johnson to adopt the ordinance and grant the special use permit with revised condition (a) and addition of conditions (b) and (c), and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: OLD BUSINESS h Rollover of Departmental savinqs from the fiscal year ended June 30. 1995 ! I R-l02495-14 l ~ ~ October 24, 1995 7Q In recognition of efforts of staff responsible for year ending savings, Supervisor Nickens moved to approve the resolution authorizing the rollover request of $953,716. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None Supervisor Nickens suggested that in the future any rollover dollars should be reserved for non-recurring capital items. It was the consensus of the board that this subject should be discussed,at a future Board Retreat. I RESOLUTION 102495-14 AUTHORIZING THE EXPENDITURE OP DEPARTMENTAL SAVINGS PROM FISCAL YEAR 1994-95 POR CERTAIN DESIGNATED PROJECTS WHEREAS, County departments have delayed the implementation of certain proj ects and have conserved money to assure the future availability of these funds: and WHEREAS, these departmental savings have been designated as roll-over budget entries in previous years: and WHEREAS, these departmental savings total $1,395,304: and WHEREAS, it is recommended that certain departmental projects, including only non-personnel and non-recurring expenditure items, be funded from these departmental savings. NOW, THEREFORE, be it resolved by the Board of Supervisors I of Roanoke County, Virginia, as follows: (1) That the following list of projects totaling $953,716 ~ ,... 762 October 24, 1995 ~ is hereby appropriation: Department BOS $ Ctny Administrator Econ. Develop. Comm Attomey Sheriff: Civil Jail Treasurer Clerk of the Circuit Court Circuit Court J & DR Court ACA . Mgmt Svcs County Assessor: Administration Finance & Mgmt and Budget ~ authorized expenditure for from the FY 1994-95 C;ounty ot koanoke Rollover Appropriation FY1994-95 to FY1995·96 Request Description 9,289 Comc:.;:er indexing system and related hardware. This would allow County staff access to 80S information through the network; thus. processing info quicker and requiring less staff time. Potential will exist to allow pUblic access to Board records in the future. 3,000 4,001 Purcnase of PC to allow all employees of office computer capabilities. Supplement budget fer increased activity in Special Events area. 5,000 Cover salary (and benefits) ditto from hire of additional Asst. Common. Attorney. This differential allows the employment of a more experienced attomey and will allow greater effectiveness In prosecuting cases. . 950 5,400 I IBM 'M1eelwriter 3500 typewriter. Current equip. is antiquated and difficult to use. Electrcnlc trip circuit breaker for Jail facility. Current equip. is original when the jail was buill 7,894 Limite<] computer caoabilities due to outdated equipment upgrades and more modem haraware are needed to keep pace with information processing (ie. service delivery). Neeoed equipment 3 LaselJet printers, 2 Gateway computer systems, electJic staolers. 11.000 Critical need to update PC's; current equip cannot handle state and County systems effectively in addition to performing the PC function. 4 PCs and 2 Laser printers. Matching funds could be available from Comp Board. Also there is a need to construct interior walls in existing office space to provide greater storage capacity. 2.230 Office Equipment for support staff: current equip is outdated. 3,000 Copier rental. telephone, file cabinets. etc.- budget supplement fer items that are needed but have been unable to be funded. 2500 Additional training fer process re-engineering, customer service. etc. As priorities change ana costs continue to rise, processes must be reviewed and re-evaluated. 5,800 2 PCs: in anticipation of Pasco's upgrade and the GIS program to enhance service delivery. Current equipment is not adequate to handle newer software applications. 23.200 Replacement vehicles (2) from state contract current vehicles have > 75.000 miles; compact car is maintenance burden. Replacement to a larger vehicle will extend useful life and durability; thereby reducing maintenance costs. 1,500 Digital film processor: 2 35mm cameras. Will allow photos of improvements to be disoiayed on PC. Customer service enhancement I 54,333 FinanCIal system upgrade to client/server platform; Current technology is moving away from mainfram to dient/server applications. The current mainframe system is 6 years old and does not have the flexibility to meet the changing infermation needs we face. The new system will integrate with the automated purchasing system previously approved by the Board and will include Accounting, Budget and Fixed Asset funcöons. Infcrmation recording and reporting will be greatly enhanced. These funds have been accumulated over several years and a desirable purchase date would be in the current fiscal year. ~ ~ October 24. 1995 7 bit I I Department ::mployæ Benefits ?olice Deoartment: Uniform ¡:ire and Rescue: Administration Operations Eng and Inspect Engineering Inspections General Services: Solid Waste Building Maint. Request 13,161 1,918 25.000 1,762 130,450 6,000 6.000 2.963 25,000 4,500 68.000 ....oumy or N.OanOKe Rollover Appropriation FY1994-95 to FY1995-96 Description PT funas for 32 hoursmeek-Development Services. This actIon would orOVlde greater customer servIce cv oroviding backup personnel during vacation ana sick leave absences of FT staff and would provide administrative support to existing staff. Adjustment for state c;;:get; shared salary costs: Extension Service. Blue Ridge P'way-Camon Abbott - Planning and Zoning Personnel change late !n budget process - Youth Haven II Purchase 6 oatrol vehlcies and related equicment to replace units With mileage in excess of 100.000 miles. U::its are currently averaging approx. 2000 miles per month. Cost is $21.000/uOlt. Office modifications to allow adequate working conditions for Vounteer Coordinator and additional Fire Insoector approved in FY95-96 budget. Parking lot improvements at Safety Center. shared cost with Police and General Svcs to improve lot surface and to correct drainage problems. Complete oro ects at Station 3 (renovation) Additional funcing of cald ALS personnel Replacement of Gas Detectors (2) Replacement of staff venicles that have in 'excess of 120.000 miles. 2 four wheel drive Blazers (with relatea emergency equipment) at $29.000/unit. Also. $10.000 would be used to helD with funding for the replacement of a 1971 utility vehicle at Read Mountain station if Botetourt agrees to provide the same level of funding. 6,000 Outside vendor for suooort of AUTO CAD - MIS recommendation due to staffing limitations and comolexity of software. 48,000 Costs of utility relocation for Rural Addition Projects - Bushdale. Camney Lane. Chester Dr. and Homeland Hill subdivision. 4,415 Begin phase II - Automation of Inspection process (Bldg Dept.); this proJect would allow for inspections and insoectors by way of teleohone and would speed uo the process significantly, This system could be expanded for the Treasurer to implement an automated payment system in the future. 8.000 Upgrade GIS server to adequately handle increasing database as GIS system continues to expand capabilities. 16.500 20,000 20.000 23.500 8.500 5,116 107,019 Overhaul hydraulics on bandit #869 Carpet - 419 Library Paving, drainage ana sealing rear parking area - Safety Center Additional oavlng drainage at Service Center Window reolacement-Service Center (leaks on voting machines) HVAC replacement @ Brambleton Center (chiller) These maintenance projects were scheduled for FY94·95, but were deferred due to budgetary uncertainties of the department. Upgrade teleohone systems in Roanoke County Courthouse. Service Center. and Public Safety Center. Current systems at all locations are obsolete and repair parts are difficult to obtain. Current functionality of existing systems are minlTT1al and failures occur on a regular casls at all locations. The Judges have requested a new system on . three occasions. Significant savings would be realized by bidding all three systems as presented. ~ ,... 764 October 24, 1995 þ _IdW¡U,.I ä.. ¡ U:i·4&&tHl... Rollover Appropriation FY1994-95 to FY1995·96 Department Handicapped-ADA CommunicatJons Planning and Z:ning: Administration ACA· Human Srv. Par1<s and Rec Recreation Grounds Maint Grounds Maint Social Services: Administration Library: Administration Research and Circ Automation VPI ExtensIon Total Gen Gov't MIS l Total All Request 5,531 5,000 7,847 5,000 1,000 700 1,365 1,500 2,861 2,877 21,233 8,285, 28,000 10,710 Description Replace Parks & Recreation bndges Wi ADA approved bridges Contingency for unknown projects Road reoalrs to Poor Mtn site: current "cad is in very poor repair and vehicle damage can occur on trips to the site. PC's(2); these systems will be used as replacements for existing systems that no longer meet the demands placed on them :y GIS and the accounting system. Lateral file cabinet for Commission files: Increased storage needs. Replace old desk chairs: current chairs are old and do not provide adequate support. Color Laser"nk Jet printer to enhance :uality of presentations and as a supplement to the GIS system. which has a color planer as its sole output device. Microfilm/CD photograpn old Zoning maos from '60s and '70s; these maps are deteriorating and are in need of preservation. Permanent records of these items must be maintained for legal and adminIstrative purposes. PT funds to assist wi update of Comprenensive plan Personal computer to reolace outdatec 1aotop computer Camp Rke-renovation of camp kitchen and install secunty alarms. I Basketball goal @ Teen Center. fencmg, field and pari<ing improv. at various pari< facilities. 110 Outfront mower. Needed due to acditional pari<s "on-line", Mower would allow existing staff to mow sites quicker and then move to other sites as needed. Traffic control and field protection bamers at various sites. Pari< grounds need protection as pari<ing is a problem at many parxs during popular activities. 45,838 Meridian Norstar Telephone system. :'¡e current telephone system is 17 years old. The new system will provIde neeaea additional lines, speaker phones for appeals, a paging system and an automatea attendant to provide information regarding public assistance programs. The new system would reduce monthly phone charges by approx. $1,0321month. 75,964 Renovations to current office space ana to cover the cost of environmental and mechanical studies recently performed. Improvements would include carpeting, rewiring, painting, ceiling tile replacement and doors C:1 the third and fourth floors to control pedestJian traffic. 350 12,932 2,658 11,755 6,870 949,608 $ 953.716 Vehicle repairs-aging vehicles various operational items; special events, PT, training, supplies, etc. These areas have traditionally been underfunded due to a limited operating budget. various operational items associatea with this functional area to meet anticipated need. Alpha unit for the RAL integrated system. This amount to be added to $18,442 already budgeted for this item. Extend network to Vinton and Glenver branches; support for reconfiguration of network to include dedicated access to Intemet. I 431 Cover shared salary costs for final state budget; state budget approved too late for inclusion in County budget request 4,108 Continue expansion of LAN backbone to allow additional users. ~ I I ~ October 24, 1995 765 (2) That the sum of $441,588 be returned to the fund balance to be identified as the FY 1994-95 year end surplus. On motion of Supervisor Nickens to adopt the resolution, and carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: EXECUTIVE SESSION At 9:55 p.m., Supervisor Johnson moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (3) discussion or consideration of the condition, acquisition or use of real property for public purposes, Salem Bank & Trust ComP?iny: (3) disposition of publicly held real estate, access road on Shelor property: (7) for consultation with legal counsel to discuss actual or potential litigation or other legal matters, annexation: and (1) personnel issue. The motion carried by the fOllowing recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None IN RE: CERTIFICATION OF EXECUTIVE SESSION R-l02495-15 At 10:57 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: ~ ,... 766 October 24, 1995 þ AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix NAYS: None RESOLUTION 102495-15 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act: and WHEREAS, section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with I Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the certification Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Eddy, Nickens, Minnix I NAYS: None l ~ I I "'II1II October 24, 1995 767 Supervisor Kohinke left the meeting at 10:59 p.m. IN RE: WORK SESSION h Quarterlv Financial Review Diane Hyatt and Brent Robertson briefly went over the quarterly financial report. Supervisor Johnson asked that a breakdown on negative numbers be given on future reports. Ms. Hyatt advised the unappropriated general fund balance report will be updated each quarter. There was discussion about whether or not to make adjustments at this time as indicated by this report but the consensus of the Board was to make adjustments after the six months report is received. IN RE: OTHER BUSINESS Supervisor Nickens requested that an item be placed on a future agenda concerning the discussions held with the Town of Vinton about the use of coal combustion byproduct (CCB) ash in a previous rezoning and the County's willingness to provide water in the event of any contamination from the ash. IN RE: ADJOURNMENT Mr. Mahoney advised that the Board could adjourn to November 9, 1995, at 4:30 p.m., to attend a Fifth Planning District Commission ~ ,.... 768 October 24, 1995 þ meeting at the vinton War Memorial or they could advise the media that a quorum may be present at that meeting with no action anticipated. It was the consensus of the Board to notify the media. At 11: 10 p.m., supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote with Supervisor Kohinke absent. Submitted by, ~~lt~:h-- Clerk to the Board ~ Approved by, f/ r/lM ~ 1L1~~ H. Odell II Jlzyll Minnix Chairman I I l