HomeMy WebLinkAbout5/24/1994 - Regular
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May 24, 1994
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Roanoke County Board of Supervisors
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, virginia 24018
May 24, 1994
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 May, 1994.
IN RE:
CALL TO ORDER
Chairman Eddy called the meeting to order at 3:06 p.m. The
roll call was taken.
MEMBERS PRESENT:
Chairman Lee B. Eddy, Vice Chairman Ed.ward G.
KOhinke, Sr., Supervisors Bob L. Johnson, H. Odell
"Fuzzy" Minnix, Harry C. Nickens
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M.
Mahoney, County Attorney; 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
The invocation was given by the Reverend Branan G. Thompson,
Colonial Avenue Baptist Church. The Pledge of Allegiance was recited
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by all present.
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA
ITEMS
Chairman Eddy added a request for renewal of the dental
insurance program.
Chairman Eddy added to Executive Session:
(1) condemnation
of real property for public utility purposes, water transmission
lines; (2) potential litigation, namely appeal of decision of Board of
Equalization with respect to assessment of certain real estate owned
by Strauss Construction Company; and (3) personnel matter.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS
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h Proclamation Declarinq Mav 22 throuqh 29, 1994, as
Virqinia Rescue Squad Week.
Chairman Eddy presented the proclamation to willis Buchanan,
Chaplain, Fire & Rescue Department.
Supervisor Minnix moved to approve the proclamation. The
motion carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
~ Introduction of New Buildinq Commissioner.
Arnold Covey,
Director of Engineering & Inspections'l
who was recently employed as Roanoke County
introduced Elaine Gall,
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Building Commissioner.
IN RE:
NEW BUSINESS
h ADDroval of Resolution Requestinq Joint Meeting with
Roanoke city Council. (Elmer Hodqe, County
Administrator)
Mr. Hodge advised that Supervisor Johnson had requested that
the Board ask for a joint meeting with the Roanoke City Council after
the new members take office in July to look at areas of mutual
concern.
Supervisor Johnson moved to adopt the resolution. There was
no vote.
Supervisor Nickens suggested that
broadened to include other localities, and
expressed his support for a regional approach.
the invitation be
Supervisor Kohinke
Supervisor Johnson
t .~. ~
requested unanimous support for the resolution.
Supervisor Nickens moved to postpone action until June 14,
The motion carried by the following recorded vote:
Supervisors Kohinke, Nickens, Eddy
Supervisors Johnson, Minnix
1994.
AYES:
NAYS:
~ Request for Fundinq for SO/50 Matchinq Grant from the
Virqinia DeDartment of Forestry. (Terry Harrinqton,
Director of Planning & Zoninq)
Mr. Harrington advised .that the USDA Forest Service has
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allocated
$190,000
in
1994 to the state
for urban and
Þ
community
forestry projects, and staff recommends that Roanoke County apply for
a 50/50 matching grant. If this grant is awarded, a pUblic education
and awareness program would be designed focusing on the benefits of
tree preservation and mountain ridgeline protection.
He requested
that the Board authorize applying for the grant and allocate an amount
not to exceed $15,000 from the Board Contingency Fund.
After discussion, Supervisor Nickens moved to adopt the
resolution to apply for the grant and allocate an amount not to exceed
$15,000 from the Board Contingency Fund.
The motion was defeated by
the following recorded vote:
AYES:
Supervisor Eddy
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NAYS:
Supervisors Johnson, Kohinke, Minnix, Nickens
~ Request from ExPlore Park to Assist i~ Funding Well and
SeDtic System for the visitor and Information Center.
(Elmer Hodqe, County Administrator)
A-52494-1
Mr. Hodge advised that this request is to install a well and
septic system at an estimated cost of $10,000 at the Regional visitors
Center of Virginia's Explore Park.
He recommended that the Board
authorize use of the Capital Reserve Fund up to $7,500 to be matched
by Virginia's Explore Park for the remaining 25% of the costs.
Supervisor Nickens moved to authorize use of the capital
reserve fund up to $7,500.
The motion carried by the following I
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recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
~ Request for Renewal of Dental Insurance Effective July
1, 1994. (Diane Hyatt, Director of Finance)
A-52494-2
Ms. Hyatt advised that based on a survey of County
employees, the Health Insurance Committee has recommended adding
coverage for caps and crowns to the basic dental insurance policy. The
additional premium to add this coverage will be paid for entirely by
the County employees. The School employees chose to add this coverage
during the 1993-94 fiscal year. Ms. Hyatt also advised that there
will be a slight increase in the basic premium for the School and
County employees which will be paid for by the County.
In response to Supervisor Kohinke's questions, Ms. Hyatt,
and Mr. Cook, Director of Human Resources, advised that County
retirees are not included in the dental coverage but could be covered
if they paid the entire premium.
supervisor Nickens moved to approve the renewal of dental
insurance rates effective July 1, 1994. The motion carried by the
following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
Supervisor Eddy requested that a report be brought back on
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the feasibility
of providing dental
coverage
for Roanoke
county Þ
retirees.
IN RE:
REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA
h Ordinance to Rezone 2.34 Acres from R-3 to C-1 to
ODerate a Traininq and DeveloDment Office, Located at
5670 . Starkey Road, Cave sDrinq Magisterial District,
UDon the Petition of Maureen E. PODlstein.
There was no discussion of this issue.
Supervisor Johnson
moved to approve the first reading and set the public hearing and
second reading for June 28, 1994.
The motion carried by the following I
recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
FIRST READING OF ORDINANCES
h Ordinance Amending ChaDter 2, Administration of the
Roanoke County Code by the AdoDtion of a New Article
IV, Self-Insurance Proqram, bY Establishinq a Proqram
to Retain certain Risks and Manage Claims Resul tinq
from Public Liability.
(Diane Hyatt, Director of
Finance)
Ms. Hyatt advised that on July 1, 1986, the County began to
operate on a self-insured basis for Workers' Compensation. This I
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program has proven successful and a sufficient reserve has been
accumulated. In 1988, the Risk Management Department was established
with the goal of eventually being self-insured for other types of
insurance as they become cost effective and sufficient reserves were
built.
Ms. Hyatt advised that staff estimates that by June 30,
1994, the County will have accumulated $1,000,000 each in the general
and automobile liability insurance reserves. During the year, an
actuarial study was done by Sedgwick James which indicated that the
County had accumulated sufficient reserves to become self-insured for
general and automobile liability in addition to Workers' Compensation.
Ms. Hyatt requested that the Board approve the first reading
of the ordinance establishing self-insurance policies for general and
automobile liability, and authorize the staff to proceed with the
selection of a third party administrator and the purchase of re-
insurance coverage.
After discussion, Supervisor Johnson moved to approve the
first reading and set the second reading for June 14, 1994. The
motion carried by the fOllowing recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
~ Ordinance Amendinq the Roanoke County Code bY the
Enactment of Sec. 4-4, Definitions, Sec. 4-5,
Recirculation System, Sec. 4-6, Water Treatment, Sec.
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4-8 Sewaqe DisDosal,
4-7 Water SUDDl y Systems, Sec.
Sec.
4-9, General Safety provisions,
Sec.
4-10,
ODeration, Sec. 4-11, Security, and Sec. 4-12, Safety
and Rescue EquiDment: Other Safety Features, and Sec.
4-13, Entry and InsDections, Enforcement, Penalties to
Article I. In General of Cha'Ç)ter 4, Amusements to
Provide Authority for Health DeDartment InsDections of
Public swinuninq Pools and a Schedule of Fees.
(Paul
Mahoney, County Attorney)
Dr. Molly Rutledge, Health Director, advised that Chapter 18
of the Roanoke County Code which dealt with swimming pools was deleted
in 1981 because it was thought that the County's adoption of thel
Virginia Uniform statewide Building Code superseded the County's
Chapter 18. Dr. Rutledge asked that the proposed ordinance be adopted
to provide explicit authority to the Roanoke County Health Department
to continue with the annual inspections of public swimming pools as
has been provided for years.
Supervisor Johnson moved to approve the first reading and
set the public hearing and second reading for June 28, 1994. The
motion carried by the following recorded vote:
AYES:
supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
SECOND READING OF ORDINANCES
h Ordinance ReDealinq ChaDter
8,
Erosion
and
Sediment I
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Control of the Roanoke County Cod. and AdoDtinq a New
ChaDter 8.1 , Erosion and Sediment Control.
(Arnold
Covey, Director of Enqineerinq & InsDections)
0-52494-3
Mr. Covey advised that there have been no changes to the
ordinance since the first reading and that copies of the ordinance
were mailed to the area grading and general contractors.
After discussion, Supervisor Minnix moved to adopt the
ordinance.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 52494-3 REPEAI1NG CHAPTER 8, EROSION AND SEDIMENf CONTROL, OF TIlE
ROANOKE COUNIY CODE AND ADOPTING A NEW CHAPTER 8.1, EROSION AND SEDIMENf
CONTROL
WHEREAS, the adoption of a local erosion and sediment control program is authorized by the
provisions of Article 4, Chapter 5, Title 10.1 of the 1950 Code of Virginia, as amended.
WHEREAS, the first reading of this ordinance was held on May 10, 1994; the second reading
and public hearing was held on May 24, 1994; and
NOW THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the provisions of Chapter 8, Erosion and Sediment Control, of the Roanoke County Code
are hereby repealed in their entirety.
2. That a new Chapter 8.1, Erosion and Sediment Control, be adopted to read and provide
as follows:
CHAPTER. 8.1
EROSION AND SEDIMENT CONTROL
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Section 8.1-1 TITI..E AND PURPOSE.
This ordinance shall be known as the "Erosion and Sediment Control Ordinance of the County of
Roanoke." The purpose of this chapter is to conserve the land, water, air and other natural
resources of the County of Roanoke by establishing requirements for the control of erosion and
sedimentation, and by establishing procedures whereby these requirements shall be administered
and enforced.
Section 8.1-2 APPLICABILI1Y OF CHAPTER IN TOWN OF VINTON
The provisions of this chapter shall be applicable within the corporate limits of the Town of
Vinton. Administrative procedures and review fees may be established to accommodate the
review of plans for development located within the town.
Section 8.1-3 DEFINITIONS:
As used in the ordinance, unless the context requires a different meaning:
"Agreement in lieu of a plan" means a contract between the plan-approving authority and the
owner which specifies conservation measures which must be implemented in the construction of
a single-family residence; this contract may be executed by the plan-approving authority in lieu
of a formal site plan. {I
"Applicant" means any person submitting an erosion and sediment contròf plan for approval or
requesting the issuance of a permit, when required, authorizing land-disturbing activities to
commence.
"Board" means the Virginia Soil and Water Conservation Board.
"Clearing" means any activity which removes the vegetative ground cover including, but not
limited to, root mat removal or top soil removal.
"Conservation Plan," "Erosion and Sediment Control Plan" or "Plan" means a document
containing material for the conservation of soil and water resources of a unit or group of units of
land. It may include appropriate maps, an appropriate soil and water plan inventory, and
management information with needed interpretations and a record of decisions contributing to
conservation treatment. The plan shall contain all major conservation decisions to assure that
the entire unit or units of land will be so treated to achieve the conservation objectives.
"County" means the County of Roanoke.
"Denuded" means a term applied to land that has been physically disturbed and no longer
supports vegetative cover.
"Department" means the Department of Conservation and Recreation.
"Development" means a tract of land developed or to be developed as a single unit under single
ownership or unified control which is to be used for any business or industrial purpose or is to I
contain three or more residential dwelling units.
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"Director" means the Director of Engineering & Inspections.
"Dormant" refers to denuded land that is not actively being brought to a desired grade or
condition.
"Erosion Impact Area" means an area of land not associated with current land disturbing activity
but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring
properties or into state waters. This defmition shall not apply to any lot or parcel of land of
10,000 square feet or less used for residential purposes.
"Excavating" means any digging, scooping or other methods of removing earth materials.
"Filling" means any depositing or stockpiling of earth materials.
"Grading" means any excavating or f1lling of earth material or any combination thereof,
including the land in its excavated or f1lled conditions.
"Land-Disturbing Activity" means any land change which may result in soil erosion from water or
wind and the movement of sediments into State waters or onto lands in the Commonwealth,
including, but not limited to, clearing, grading, excavating, transporting and filling of land,
except that the term shall not include:
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1.
Minor land-disturbing activities such as home gardens and individual home
landscaping, repairs and maintenance work;
2.
Individual service connections;
3. Installation, maintenance, or repairs of any underground public utility lines
when such activity occurs on an existing hard-surfaced road, street or sidewalk
provided such land-disturbing activity is confmed to the area of the road, street
or sidewalk which is hard-surfaced;
4. Septic tank lines or drainage fields unless included in an overall plan for land-
disturbing activity relating to construction of the building to be served by the
septic tank system;
5. Surface or deep mining;
6. Exploration or drilling for oil and gas including the well site, roads, feeder lines,
and off-site disposal areas;
7. Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or
livestock feedlot operations; including engineering operations as follows:
construction of terraces, terrace outlets, check dams, desilting basins, dikes,
ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour
furrowing, land drainage, and land irrigation;
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8.
Repair or rebuilding of the tracks, rights-of-way, bridges, communication
facilities and other related structures and facilities of a railroad company;
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9.
May 24, 1994
A "1 1 "" "" 1 d" b r" d th "Þ
gncu tura engmeermg operanons me u mg ut not lmlte to e construcnon
of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not
required to comply with the Dam Safety Act, Article 2 (Section 10.1-604 et. seq.)
of Chapter 6 of the Code of Virginia, ditches, strip cropping, lister furrowing,
contour cultivating, contour furrowing, land drainage, and land irrigation;
10. Disturbed land areas for commercial or non-commercial uses of less than 10,000
square feet in size;
11. Installation of fence and sign posts or telephone and electric poles and other
kinds of posts or poles;
12. Emergency work to protect life, limb or property, and emergency repairs;
provided that if the land-disturbing activity would have required an approved
erosion and sediment control plan, if the activiIy were not an emergency, then
the land area disturbed shall be shaped and stabilized in accordance with the
requirements of the plan-approving authority.
"Land disturbing permit" means a permit issued by the County of Roanoke for the clearing,
fùling, excavating, grading, transporting of land or for any combination thereof or for any
purpose set forth herein.
"Local Erosion and Sediment Control Program" or "program" means an outline of the various I
methods employed by the County of Roanoke to regulate land-disturbing activities and thereby
minimize erosion and sedimentation in compliance with the state program and may include such
items as local ordinances, policies and guidelines, technical materials, inspection, enforcement,
and evaluation.
"Owner" means the owner or owners of the freehold of the premises or lesser estate therein, a
mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other
person, firm or corporation in control of a property.
"Permittee" means the person to whom the permit authorizing land-disturbing activities is issued
or the person who certifies that the approved erosion and sediment control plan will be
followed.
"Person" means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, cooperative,
county, city, town or other political subdivision of the commonwealth, any interstate body, or
any other legal entity.
"Plan-approving authority" means the Department of Engineering & Inspections responsible for
determining the adequacy of a conservation plan submitted for land-disturbing activities on a
unit or units of lands and for approving plans.
"Post-development" refers to conditions that may be reasonably expected or anticipated to exist
after completion of the land development activity on a specific site or tract of land.
"Pre-development" refers to conditions at the time the erosion and sediment control plan is I
submitted to the plan-approving authority. Where phased development or plan approval occurs
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(preliminary grading, roads and utilities, etc.), the existing conditions at the time the erosion
and sediment control plan for the initial phase is submitted for approval shall establish pre-
development conditions.
"Program authority" means the County of Roanoke which has adopted a Soil Erosion and
Sediment Control Program approved by the Board.
"Single-family residence" means a noncommercial dweIiing that is occupied exclusively by one
family.
"Stabilized" means an area that can be expected to withstand normal exposure to atmospheric
conditions without incurring erosion damage.
"State waters" means all waters on the surface and under the ground wholly or partially within
or bordering the Commonwealth or within its jurisdictions.
"Town" means the incorporated Town of Vinton.
"Transporting" means any moving of earth materials from one place to another place other than
such movement incidental to grading, when such movement results in destroying the vegetative
ground cover either by tracking or the buildup of earth materials to the extent that erosion and
sedimentation will result from the soil or earth materials over which such transporting occurs.
Section 8.1-4 ADMINISTRATION OF CHAPTER. IN CONJUNCTION WITI-I
AND ZONING ORDINANCES.
SUBDIVISION
This chapter shall be administered, where applicable, in conjunction with the county's
subdivision and zoning ordinances wherein such apply to the development and subdivision of
land within the county or where such apply to development on previously subdivided land
within the county.
Section 8.1-5 LOCAL EROSION AND SEDIMENf CONTROL PROGRAM
A Pursuant to section 10.1-562 Of the Code of Virsdnia. the County of Roanoke hereby
adopts the regulations, references, guidelines, standards and specifications promulgated
by the Virginia Soil and Water Conservation Board and those more stringent local
stormwater management criteria which the Board of Supervisors of Roanoke County,
Virginia, may adopt by resolution and incorporate into the manual of regulations and
policies entitled "Design and Construction Standards Manual- for the effective control of
soil erosion and sediment deposition to prevent the unreasonable degradation of
properties, stream channels, waters and other natural resources. Said regulations,
references, guidelines, standards and specifications for erosion and sediment control are
included in but not limited to the "Virginia Erosion and Sediment Control Regulations"
and the Virsdnia Erosion and Sediment Control Handbook. as amended from time to
time.
B.
The County of Roanoke hereby designates the Director of Engineering & Inspections as
the plan-approving authority.
C.
The program and regulations provided for in this ordinance shall be made available for
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public inspection at the office of the Department of Engineering and Inspections.
Section 8.1-6. REGll.ATED LAND-DISTIJRBING ACTIVITIES; SUB-MISSION
OF PLANS; CONTENTS OF PLANS
AND APPROVAL
A Except as provided herein, no person SHALl. engage in any land-disturbing activity until
he has submitted to the Department of Engineering & Inspections for the County of
Roanoke an erosion and sediment control plan for the land-disturbing activity and such
plan has been approved by the plan approving authority.
Where the land-disturbing activity results from the construction of a single-family
residence, an "agreement in lieu of a plan" may be substituted for an erosion and
sediment control plan if executed by the plan-approving authority.
B. The standards contained with The "Virginia Erosion and Sediment Control Regulations,"
and The Virginia Erosion and Sediment Control Handbook and those more stringent
local stormwater management criteria which the Board of Supervisors of Roanoke
County, Virginia, may adopt by resolution and incorporate into the manual of
regulations and policies entitled "Design and Construction Standards Manual" are to be
used by the applicant when making a submittal under the provisions of this ordinance
and in the preparation of an erosion and sediment control plan. In cases where one
standard conflicts with another, the more stringent applies. The plan approving
authority, in considering the adequacy of a submitted plan, shall be guided by the same I
standards, regulations and guidelines.
C. The plan approving authority shall grant written approval within 45 days of the receipt
of the plan, if it is determined that the plan meets the requir",ments of the local control
program, and if the person responsible for carrying out the plan certifies that he or she
will properly perform the erosion and sediment control measures included in the plan
and will conform to the provisions of this ordinance.
When the plan is determined to be inadequate, written notice of disapproval stating the
specific reasons for disapproval shall be communicated to the applicant within forty-five
days. The notice shall specify the modifications, terms and conditions that will permit
approval of the plan. If no action is taken by the plan-approving authority within the
time specified above, the plan shall be deemed approved and the person authorized to
proceed with the proposed activity.
D. An approved plan may be changed by the plan approving authority when:
1. The inspection reveals that the plan is inadequate to satisfy applicable
regulations; or
2. The person responsible for carrying out the plan finds that because of changed
circumstances or for other reasons the approved plan cannQt be effectively
carried out, and proposed amendments to the plan, consistent with the
requirements of this ordinance, are agreed to by the plan approving authority
and the person responsible for carrying out the plans. I
In order to prevent further erosion, the County of Roanoke may require approval of a
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conservation plan for any land identified in the local program as an erosion impact area.
F.
Whenever electric and telephone utility companies or railroad companies undertake any
of the activities included in subdivisions 1 and 2 of this subsection, they shall be
considered exempt from the provisions of this ordinance.
1. Construction, installation and maintenance of electric and telephone utility lines;
and
2. Construction of the tracks, rights-of-way, bridges, communication facilities and
other related structures and facilities of the railroad company.
Projects not included in subdivisions 1 and 2 of thIs subsection shall comply with the
requirements of the Roanoke County erosion and sediment control program, pursuant to
Code of Virginia, Section 10.1-563 D.
G. State agency projects are exempt from the provisions of this ordinance, pursuant to
Section 10.1-564 of the Code of Virginia.
Section 8.1-7. PERMITS; FEES; BONDING; ETC.:
A
Agencies authorized under any other law to issue grading, building, or other permits for
activities involving land-disturbing activities may not issue any such permit unless the
applicant submits with his application an approved erosion and sediment control plan
and certification that the plan will be followed.
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B. No person SHALl. engage in any land-disturbing activity until he has acquired a land-
disturbing permit, unless the proposed land-disturbing activity is specifically exempt
from the provisions of this ordinance, and has paid the fees and posted the required
bond.
C. Fees: An applicant submitting a plan pursuant to this article shall pay a filing of One
Hundred ($100.00) Dollars based on disturbed area, plus One Hundred ($100.00)
Dollars for each acre or a portion thereof, not to exceed One Thousand ($1,000.00)
Dollars to cover the administrative expense of review and inspection.
D. Bond: All applicants for permits shall provide to the County of Roanoke a performance
bond, cash escrow, or an irrevocable letter of credit acceptable to the Director of
Engineering & Inspections, to ensure that measures could be taken by the County of
Roanoke at the applicant's expense should the applicant fail, AFTER. PROPER NOTICE,
within the time specified to initiate or maintain appropriate conservation measures
required of him as a result of his land-disturbing activity. Should it be necessary for the
County of Roanoke to take such conservation action, the County of Roanoke may collect
from the applicant any costs in excess of the amount of the surety held.
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Within sixty (60) days of adequate stabilization, as determined by the Director of
Engineering & Inspections, such bond, cash escrow or letter of credit, or the unexpended
or unobligated portion thereof shall be either refunded to the applicant or terminated.
E.
These requirements are in addition to all other provisions relating to the issuance of
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permits and are not intended to otherwise affect the requirements for such permits.
Section 8.1-8. MONITORING, REPORTS, AND INSPECTIONS
A The County of Roanoke may require the person responsible for carrying out the plan to
monitor and maintain the land-disturbing activity. The person responsible for carrying
out the plan will maintain records of these inspections and maintenance, to ensure
compliance with the approved plan and to determine whether the measures required in
the plan are effective in controlling erosion and sedimentation.
B. The Department of Engineering & Inspections shall periodically inspect the land-
disturbing activity as required under the state program to ensure compliance with the
approved plan and to determine whether the measures required in the plan are effective
in controlling erosion and sedimentation. The owner, permittee, or person responsible
for carrying out the plan shall be given notice of the inspection.
If the Director of Engineering & Inspections determines that there is a failure to comply
with the plan or if plan is determined to be inadequate, notice shall be served upon the
permittee or person responsible for carrying out the plan by registered or certified mail
to the address specified in the permit application or in the plan certification, or by
delivery at the site of the land-disturbing activities to the agent or employee supervising
such activities. I
The notice shall specify the measures needed to comply with the plan and shall specify
the time within which such measures shall be completed. Upon failure to comply within
the specified time, the per:nit may be revoked and the permittee or person responsible
for carrying out the plan shall be deemed to be in violation of this ordinance and, upon
conviction, shall be subject to the penalties provided by this ordinance.
C. Upon determination of a violation of this ordinance, the Director of Engineering &
Inspections may, in conjunction with or subsequent to a notice to comply as specified in
this ordinance, issue an order requiring that all or part of the land-disturbing activities
permitted on the site be stopped until the specified corrective measures have been taken.
If land-disturbing activities have commenced without an approved plan, the Director of
Engineering & Inspections may, in conjunction with or subsequent to a notice to comply
as specified in this ordinance, issue an order requiring that all of the land-disturbing
activities be stopped until an approved plan or any required permits are obtained.
Where the alleged noncompliance is causing or is in imminent danger of causing
harmful erosion of lands or sediment deposition in waters within the watersheds of the
commonwealth, or where the land-disturbing activities have commenced without an
approved plan or any required permits, such an order may be issued without regard to
whether the permittee has ben issued a notice to comply as specified in this ordinance.
Otherwise, such an order may be issued only after the permittee has failed to comply
with such a notice to comply. The order shall be served in the same manner as a notice
to comply, and shall remain in effect for a period of seven days from the date of service I
pending application by the enforcing authority or permit holder for appropriate relief to
the Circuit Court of the County of Roanoke.
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If the alleged violator has not obtained an approved plan or any required permits within
seven days from the date of service of the order, the Director of Engineering &
Inspections may issue an order to the owner requiring that all construction and other
work on the site, other than corrective measures, be stopped until an approved plan and
any required permits have been obtained. Such an order shall be served upon the owner
by registered or certified mail to the address specified in the permit application or the
land records of the County of Roanoke.
The owner may appeal the issuance of an order to the Circuit Court of the County of
Roanoke. Any person violating or failing, neglecting or refusing to obey an order issued
by the Director of Engineering & Inspections may be compelled in a proceeding
instituted in the Circuit Court of the County of Roanoke to obey same and to comply
therewith by injunction, mandamus or other appropriate remedy. Upon completion and
approval of corrective action or obtaining an approved plan or any required permits, the
order shall immediately be lifted. Nothing in this section shall prevent the Director of
Engineering & Inspections from taking any other action authorized by this ordinance.
Section 8.1-9. PENALTIES, INJUNCTIONS, AND OTIIER. LEGAL ACTIONS
A Violators of this ordinance shall be guilty of a Class I misdemeanor.
B. Civil Penalties:
I
1.
A civil penalty in the amount listed on the schedule below shall be assessed for
each violation of the respective offenses:
a)
Commencement of land disturbing activity without an approved
plan as provided in Section 8.1-6 shall be $l,OOO/day.
b)
Vegetative Measures - failure to comply with items 1, 2 and 3 of
the Minimum Standards shall be $100/violation/day.
c)
Structural Measures - failure to comply with items 2, 4, 9, 10,
11, 15 and 17 of the Minimum Standards shall be
$1 OO/violation/ day.
d)
Watercourse Measures - failure to comply with items 12, 13 and
15 of the Minimum Standards shall be $100/violation/day.
e)
Underground Utility Measures - failure to comply with item
16(a) and/or (c) shall be $100/violation/day.
t)
Failure to obey a stop work order shall be $100/day.
g)
Failure to stop work when permit revoked $100/day.
2.
Each day during which the violation is found to have existed shall constitute a
separate offense. However, in no event shall a series of specified violations
arising from the same operative set of facts result in civil penalties which exceed
a total of $3,000, except that a series of violations arising from the
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May 24, 1994
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commencement of land-disturbing activities without an approved plan for any
site shall not result in civil penalties which exceed a total of $10,000. The
assessment of civil penalties according to this schedule shall be in lieu of
criminal sanctions and shall preclude the prosecution of such violation as a
misdemeanor under Subsection A of this section.
C. The Director· of Engineering & Inspections may apply to the Circuit Court of the County
of Roanoke to enjoin a violation or a threatened violation of this ordinance, without the
necessity of showing that an adequate remedy at law does not exist.
D. In addition to any criminal penalties provided under this ordinance, any person who
violates any provision of this ordinance may be liable to the County of Roanoke in a civil
action for damages.
E. Civil Penalty Enumerated: Without limiting the remedies which may be obtained in this
section, any person violating or failing, neglecting, or refusing to obey any injunction,
mandamus or other remedy obtained pursuant to this section shall be subject, in the
discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil
action for such violation or failure may be brought by the County of Roanoke. Any civil
penalties assessed by a court shall be paid into the Treasury of the County of Roanoke,
except that where the violator is the locality itself, or its agent, the court shall direct the
penalty to be paid into the State Treasury.
F. With the consent of any person who has violated or failed, neglected or refused to obey I
any regulation or condition of a permit or any provision of this ordinance, the County of
Roanoke may provide for the payment of civil charges for violations in specific sums, not
to exceed the limit specified in Subsection B(2) of this section. Such civil chargt1s shall
be instead of any appropriate civil penalty which could be imposed under Subsection B
or E.
G. The County's Attorney shall, upon request of the County of Roanoke or the permit
issuing authority, take legal action to enforce the provisions of this ordinance.
H. Compliance with the provisions of this ordinance shall be prima facie evidence in any
legal or equitable proceeding for damages caused by erosion, siltation or sedimentation
that all requirements of law have been met, and the complaining party must show
negligence in order to recover any damages.
Section 8.1-10. APPEALS AND JUDICIAL REVIEW
Any applicant under the provision of this ordinance who is aggrieved by any action of the
County of Roanoke or its agent in disapproving plans submitted pursuant to this ordinance shall
have the right to apply for and receive a review of such action by the Roanoke County Board of
Supervisors. In reviewing the agent's actions, the Board of Supervisors shall consider evidence
and opinions presented by the aggrieved applicant and agent. After considering the evidence
and opinions, the Board of Supervisors decision shall be fmal, subject only to review by the
Circuit Court of the County of Roanoke. Any applicant who seeks an appeal hearing before the
Board of Supervisors shall be heard at the next regularly scheduled Board of Supervisors public I
hearing provided that the Board of Supervisors and other involved parties have at least 30 days
prior notice.
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Final decisions of the County of Roanoke under this ordinance shall be subject to review by the
County of Roanoke Circuit Court, provided an appeal is fùed within 30 days from the date of any
written decision adversely affecting the rights, duties, or privileges of the person engaging in or
proposing to engage in land-disturbing activities.
Section 8-1.11 CIVIL VIOLATIONS, SUMMONS, GENERALLY.
A. The Director shall prepare an appropriate "Erosion and Sediment Control Civil Violation
Summons" for use in enforcing the provisions of this Chapter.
B. Any inspector of the plan approving authority charged with enforcirig this Chapter shall
serve upon any owner or permittee in violation of this Chapter,. a summons notifying the
owner or permittee of said violation. If unable to serve the owner or permittee in
person, the inspector may notify by summons an owner or permittee committing or
suffering the existence of a violation by certified, return receipt requested mail, of the
infraction. The Roanoke County Sheriffs Office may also deliver the summons. The
summons shall contain the following information:
1.
2.
I 3.
4.
5.
6.
The name and address of the person charged.
The nature of the violation and ordinance provision(s) being violated.
The location, date, and time that the violation occurred, or was observed.
The amount of the civil penalty assessed for the violation.
The manner, location, and time that the civil penalty may be paid to the County.
The right of the recipient of the summons to elect to stand trial for the
infraction and the date of such trial.
c. The summons shall provide that. any person summoned for a violation may, within 5
days of actual receipt of the summons or, within 10 days from the date of mailing of the
summons, elect to pay the civil penalty by making an appearance in person, or in
writing by mail to the Roanoke County Treasurer's Office and, by such appearance, may
enter a waiver of trial, admit liability, and pay the civil penalty established for the
violation charged and provide that a signature to an admission of liability shall have the
same force and effect as a judgment in court; however, an admission shall not be
deemed a criminal conviction for any purpose.
D.
I
If a person charged with a violation does not elect to enter a waiver of trial and admit
liability, the County shall cause the Sheriff of Roanoke County to serve the summons on
the person charged in the manner prescribed by law. The violation shall be tried in
General District Court in the same manner and with the same right of appeal as
provided for in Title 8.01 of the Code of Virginia. In any trial for a scheduled violation
authorized by this section, it shall be the burden of the County to show the liability of
the violator by the preponderance of the evidence. Any admission of liability, or finding
of liability shall not be a criminal conviction for any purpose.
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E. The remedies provided for in this section are cumulative, and are not exclusive and,
except as provided above, shall be in addition to any other remedies by law.
F. The owner or permittee may pay the civil penalty to the Treasurer prior to the trial date,
provided he also pays necessary court costs in addition to the civil penalty.
G. Within the time period prescribed in c., above, the owner or permittee, may contest the
violation by presenting it to the Director, who shall certify the contest in writing, on an
appropriate form, to the General District Court.
H. Failure to pay the civil penalty, or to contest the violation, within the time period
prescribed in C., above, shall result in the immediate issuance of a stop work order and
the revocation of the permit, if any.
3. That the effective date of this ordinance shall be May 25, 1994.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded
vote:
AYES: .
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
I
~ Ordinance Dec1arinq a ~arcel of Real Estate Identified
as Tax MaD No. 27.10-3-10 Loca1;ed on Memory Lane and
Known as Tinker Knoll Well Lot in the Hollins
Maqisterial
District
to
be
SurDlus
and
AcceDtinq/Ro;ootinq an Offer for the Sale of Same.
(John Willey, ProDerty Manaqer)
0-52494-4
Mr. Willey advised that James and Sarah Hollett, the
adjoining property owners, have offered to purchase the well lot for
$100.
This offer was reduced from $200 because the well house was
removed from the lot.
He advised that all adjacent property owners
I
have been notified, and there are no other offers.
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Supervisor Johnson moved to accept the offer and adopt the
ordinance.
The motion carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 52494-4 DECLARING A PARCEL OF REAL
ESTATE IDENTIFIED AS TAX· MAP NO.. 27.10-3-10
LOCATED ON MEMORY LANE AND KNOWN AS TINKER KNOLL
WELL LOT IN THE HOLLINS MAGISTERIAL DISTRICT TO BE
SURPLUS AND ACCEPTINC/RE3ECTINC AN OFFER FOR THE
SALE OF SAME
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the
I
Charter of Roanoke County, the subject property is hereby declared. to
be surplus and is being made available for other public uses; and
2. That pursuant to the provisions of Section 18.04 of the
Charter of Roanoke County, a first reading and public hearing was held
on May 10, 1994; and a second reading was held on May 24, 1994,
concerning the sale and disposition of a parcel of real estate
identified as Tax Map No. 27.10-3-10; and
3. That an offer having been received for said property,
the offer of James C. and Sarah W. Hollett to purchase this property
for #100.00 is hereby accepted/rejected; and
4. That all proceeds from the sale of this real estate are
to be paid into the capital projects fund; and
5. That the County Administrator is authorized to execute
I such documents and take such actions on behalf of Roanoke County as
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May 24, 1994
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are necessary to accomplish the conveyance of said property, all of
which shall be upon form approved by the County Attorney.
On motion of Supervisor Johnson to accept the order and
adopt the ordinance, and carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
IN RE:
APPOINTMENTS
h Board of Zoninq APDea1s
Supervisor Minnix nominated Rodney McNeil to serve a five-
year term representing the Cave Spring Magisterial District. His term
will expire June 30, 1999.
~ Fifth P1anninq District Commission
Supervisor Eddy nominated Charles Steve Garrett to serve
another three-year term as a citizen representative. His term will
expire June 30, 1997.
.~ Virginia Western community Co11eqe Board
Chairman Eddy announced that this appointment would be
discussed in Executive Session.
I
IN RE: CONSENT AGENDA
R-52494-5
Supervisor Kohinke moved to approve the Consent Resolution.
The motiori carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
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343
NAYS:
None
RESOLUTION 52494-5 APPROVING AND CONCURRING IN CERTAIN ITEMS
SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE
DESIGNATED AS ITEM K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the certain section of the agenda of the Board of
Supervisors for May 24, 1994 designated as Item K - Consent Agenda
be, and hereby is, approved and concurred in as to each item
separately set forth in said section designated Items 1 through 7,
inclusive, as follows:
1.
Approval of Minutes for April 5, 1994, April 12, 1994,
and April 15, 1994.
I
2.
Request for Approval of Raffle Permit from the Blue
Ridge Adoption Group (BRAG).
3. write~Off of utility Bad Debts.
4. Confirmation of Committee Appointments to Highway and
Transportation Safety Commission, and Parks &
Recreation Advisory Commission.
5. Resolution Requesting Senator Charles Robb to Co-
Sponsor S. 993 in the Senate of the United States to
Demonstrate his Concern about Unfunded Mandates.
6. Request for Appropriation to School Grants Fund from
Virginia commission for the Arts.
7. Donation of Right-of-Way Easements in Connection with
the Camney Lane Project.
2. That the Clerk to the Board is hereby authorized and
directed where required by law to set forth upon any of said items the
separate vote tabulation for any such item pursuant to this
II resolution.
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May 24, 1994
þ
On motion of supervisor Kohinke to adopt the Consent
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 52494-5.d REQUESTING SENATOR CHARLES ROBB TO CO-
SPONSOR S. 993 IN THE SENATE OF THE UNITED STATES TO
DEMONSTRATE HIS CONCERN ABOUT UNFUNDED MANDATES
WHEREAS,
S. 993 has been introduced in the Senate of the
United States by the Honorable Dirk Kempthorne of Idaho; and
WHEREAS,
Senator Kempthorne's S. 993 will require the
federal government to pay for the mandates they impose on state and
local governments and establish a fiscal note process so that when I
Congress votes on various measures affecting state and local
governments, the members of Congress are aware of the fiscal impact;
and
WHEREAS,
S. 993 is the most significant and far-reaching
unfunded legislation ever introduced in the Congress of the united
states; and
WHEREAS,
as of May 1, 1994, Senator Kempthorne's bill had
received 54 out of 100 Senate co-sponsors; and
WHEREAS,
Senator John Warner of Virginia has already
displayed his commitment to this issue by signing on to S. 993; and
WHEREAS, although Senator Charles Robb has communicated is
concern about unfunded mandates and has indicated that he "fully
endorses the concept of identifying and restricting unfunded federal II
mandates," to date he has declined to co-sponsor S. 993; and
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May 24, 1994
345
WHEREAS, a recent National Association of Counties survey
estimated that a minimum of 12 percent of local budgets support
unfunded federal mandates; and
WHEREAS, unfunded federal mandates regularly force local
tax increases and/or service cutbacks, restrict the rights of state
and local voters and officials to determine their own priorities, and
allow the Congress to avoid direct responsibly for increasing taxes;
and
WHEREAS, the Constitution of the United States guarantees a
federal, state and local partnership and unfunded federal mandates
undermine the responsibility of the state and local levels; and
WHEREAS, S. 993 is endorsed by the National Association of
Counties, the united state Congress of Mayors, the National League of
Cities, the National School Boards Association, the National Governors
Association; the Council of State Governments, and the National
Conference of state Legislatures; and
WHEREAS, reduction and elimination of unfunded mandates in
the number one priority of the Virginia Association of Counties. NOW,
THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, implores Senator Charles Robb to demonstrate
his concern/ about unfunded mandates to the local governments of the
Commonwealth of Virginia by immediate co-sponsorship of S. 993.
On motion of Supervisor Kohinke to adopt the resolution, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
...4
,..
346
May 24, 1994
þ
NAYS:
None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Kohinke: (1) He expressed regret at being unable
to attend the ceremony at Pinkard Court Center. (2) He asked whether
the reservoir was being filled because on his last visit, no water was
being pumped. Gary Robertson explained that the water is being pumped
in stages to check for leakage.
(3) He asked that staff prepare a
report on the status of the Transportation and Safety Commission for
the next meeting.
( 4 ) He asked that the budget pages be copied
separately from the packet in the future. I
Supervisor Nickens: (1) He asked that Ms. Green coordinate
the ril:.bon cutting for the Bushdale Road proj ect.
(2) He ask~d
whether Chairman Eddy had heard from the Blue Ridge Park
Superintendent regarding the follow-up letter concerning the location
of the Visitors Center. Mr. Hodge and Chairman Eddy advised that
there had been no response. Mr. Hodge will call the superintendent.
Suµervisor Johnson:
(1) He asked if the staff has set a
date for the Viewshed Committee to resume.
Mr. Hodge advised that
staff has delayed to determine if the Blue Ridge Coalition would
address this, and that the Viewshed Committee should resume by middle
of summer. (2) He asked when the Sewer Use Agreement would be signed.
Mr.
Mahoney advised either June 14, 1994, or June 28, 1994.
Supervisor Eddv: (1) He asked that Mr. Hodge and Mr.1
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May 24, 1994
347
Mahoney investigate the situation where a furniture company from North
Carolina was selling furniture in neighborhoods from an 18-wheeler
truck. Mr. Hodge will bring back a report. (2) He advised that the
National Association of Counties' meeting will be held in July and
asked if the County wished to designate someone on the credentials
forms. Mr. Hodge was directed to see if Fred Anderson is attending
and could be appointed. (3) He attended Dr. Wilson's retirement
dinner last Friday, and asked staff to prepare a resolution for June
14, 1994 with a token of esteem. (4) He expressed regret at not being
able to accompany the Virginia Department of Environmental Quality
officials on their recent tour of the landfill and reservoir. Mr.
Hodge advised that the DEQ staff was impressed with the progress.
IN RE:
REPORTS
Supervisor Nickens moved to receive and file the following
reports after discussion of Items 7 and 9. The motion carried by a
unanimous voice vote.
h
~
General Fund UnaDDroDriated Balance
CaDita1 Fund UnaDDroDriated Balance
Board ContinqencyFund
Accounts Paid - ADri1 1994
Statement of Revenues and EXDenditures as of ADril 30,
1994
Statement of the Treasurer's Accountability Per
Investments and Portfolio Policy, as of April 30, 1994
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348
May 24, 1994
þ
~ ReDort on Floodinq and Drainaqe Problem at Public
Safety Bui1dinq
Mr. Hodge was directed to contact personnel at the Forensics
Lab and bring back a report.
~ Proclamation signed by Chairman
~ Bond Pro;ect Status ReDort
Supervisor Johnson requested a report on the status of the
sierra Drive Drainage Project and proposed solutions.
10. ReDort on 1991 Water Pro;ect
IN RE:
RECESS
At 4:49 p.m., Chairman Eddy declared a three-minute recess.
I
IN RE:
WORK SESSION
h CaDi tal Pro;ects
This work session was postponed until the June 14, 1994
meeting.
"
~ Sewer Rates and Connection Fees
Gary Robertson, utility Director, advised that $2,500,000
was included in the Capital Improvement Plan for the immediate County
sewer capital needs, and estimated that $13 million would be needed
for the County's share of the joint expansion of Roanoke City's Sewage
Treatment Plant.
Diane Hyatt,
Director
of
Finance,
recommended
borrowing I
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May 24, 1994
.349
funds from the water fund to finance the immediate sewer capital needs
and using the Virginia Water Facilities Revolving Loan Program for the
expansion of the sewage treatment plant.
Arnold Covey, Director of Engineering & Inspection, lèd a
discussion concerning how and when to implement the connection fee.
Rick Whitney, President of the Roanoke Regional Homebuilders
Association, was present and responded to several questions from the
Supervisors.
Supervisor Minnix asked that the staff work with the
homebuilders on the schedule for increasing the connection rates.
Paul Grice, Assistant Director of Finance, presented for the
Board's review, four approaches that could be used to accomplish the
rate and connection increases.
Chairman Eddy directed that Arnold Covey and the staff bring
back to the June 14, 1994 meeting a proposal for scheduling the
connection rate increase.
Mr. Mahoney' was directed to advertise for a public hearing
and second reading on June 28, 1994 the following: (1) the maximum
sewer rates would not exceed 15% the first year; and 25% the second
year, and (2) the connection rates would not exceed $1,500. The first
reading of the ordinance will be on June 14, 1994, and the effective
date of the increases would be July 1, 1995.
~ Fire and Rescue Studies
This work session was postponed until the June 14, 1994
I meeting.
.....
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350
May 24, 1994
þ
IN RE:
RECESS
At 5:55 p.m., Chairman Eddy declared a dinner recess.
IN RE:
RECONVENEMENT
At 7:06 p.m., Chairman Eddy reconvened the meeting with all
present.
IN RE:
PUBLIC HEARING AND FIRST READING OF ORDINANCES
h Ordinance to Increase the Salaries of the Board of
SUDervisors Pursuant to section 3.07 of the Roanoke
County Charter and section 14.1-46.01:1 of the Code of
Virqinia. (Paul Mahoney, County Attorney) I
Mr. Mahoney advised that a 3.8% salary increase for Board
members has been included in the proposed budget for fiscal year 1994-
95.
David Courey, 3419 Ashmeade Drive, advised that because of
the economic situation of many taxpayers, he felt that it was not an
appropriate time for the supervisors to raise their salaries.
Supervisor Eddy suggested that the percent of increase
should be 3% because he felt that the 3.8% increase was excessive.
Supervisor Nickens felt that the supervisors should receive the same
increase as given to all County employees.
supervisor Nickens moved to approve the first reading of the
ordinance with 3.8% increase, and set the second reading for June
1994. The motion carried by the following recorded vote:
14'1
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May 24, 1994
351
AYES:
Supervisors Johnson, KOhinke, Nickens, Eddy
NAYS:
Supervisor Minnix, Eddy
IN RE:
PUBLIC HEARING AND SECOND READING OF ORDINANCES
h Ordinance Amendinq section 21-4, Enhanced Emerqency
TeleDhone Tax of the Roanoke County Code, by Increasinq
Said Tax from $0.46 Per Month to $1.06 Per Month.
(Paul Mahoney, County Attorney)
0-52494-6
Mr. Mahoney advised that the Public Safety Team (PST) has
completed their evaluation of the short and long term needs of the E-
911 center.
The PST is recommending that the 911 telephone tax be
increased to provide for additional staffing,
replacement of
equipment, and to provide a revenue source for the recapitalization of
equipment essential to center operations.
There was no discussion and no citizens requesting to speak.
supervisor Johnson moved to adopt the ordinance. The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 52494-6 AMENDING SECTION 21-4, ENHANCED
EMERGENCY TELEPHONE TAX OF THE ROANOKE COUNTY
CODE, BY INCREASING SAID TAX FROM $0.46 PER MONTH
TO $1.06 PER MONTH
WHEREAS, the levy of this enhanced emergency telephone tax
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352
May 24, 1994
þ
is authorized by Section 58.1-3813 of the 1950 Code of Virginia, as
amended; and
WHEREAS, notice of the proposed adoption of the ordinance
enacting this legislation was advertised in the "Roanoke Times and
World News" on May 3, 1994, and May 10, 1994; and
WHEREAS, the first reading on the adoption of this ordinance
was held on May 10, 1994, and the second reading and public hearing of
this ordinance was held on May 24, 1994.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That § 21-4, Enhanced emerqencv telephone tax, of
Article I, In General of Chapter 21, Taxation of the Roanoke County I
Code is hereby amended and reenacted as follows:
Sec. 21-4. Enhanced emergency telephone tax.
(a) There is hereby imposed and levied by the county upon
every purchaser of local telephone service a tax in the amount of
forty oix ccnto ($0.46) one dollar and six cents ($1.06) per month.
This tax shall be paid by the purchaser to the seller of local
telephone service for the use of the county to pay the recurring
maintenance, repair and system upqrade costs ~ and salaries or
portion of salaries of dispatchers or call-takers which are directlY
attributable to the E911 system. The county treasurer shall notify the
seller of the date on which the tax is to be reduced under this
section. This notification will be sent by certified mail to the
registered agent of the seller sixty (60) days in advance of the date
on which the tax is to be reduced.
(b) It shall be the duty of every seller in acting as the
tax cOllecting medium or agency for the county to collect from the
purchaser for the use of the county the tax hereby imposed and levied
at the time of collecting the purchase price charged therefor and the
taxes collected during each calendar month shall be reported by each
seller to the commissioner of the revenue of the county on or before I
the last day of the calendar month thereafter, together with the name
and address of any purchaser who has refused to pay his tax.
simultaneously therewith, the seller shall file a copy of such report
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May 24, 1994
353
with and remit to the treasurer of the county the taxes so collected
and reported. The required report shall be in the form prescribed by
the commissioner of the revenue. The tax levied or imposed under this
section with respect to the purchase of local telephone service shall
be applicable to charges first appearing on bills rendered for service
provided after Auqust 1. 1994 J~nu~ry 1, 1986.
* * * *
2. That this ordinance shall be in full force and effect
from and after August 1, 1994; which is at least sixty days after
written notice by certified mail by the County to the registered
agents of the corporations providing telephone service that are
required to collect said tax.
On motion of Supervisor Johnson to adopt the ordinance, and
carried by the fOllowing recorded vote:
I
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
~ Ordinance to Rezone Approximatel v 1.6 Acres from C-IC
to C-1C to Remove the Proffer Pertaining to the Buffer
Zone Located at the Terminus of Postal Drive. Windsor
Hills Maqisterial District. Upon the Petition of
Pediatric Associates. (Terrv Harrinqton. Director of
Planninq & Zoninq)
0-52494-7
Mr. Harrington advised that this is a request for the
property to be rezoned to remove the 1981 proffer for a 20 feet wide
landscaped buffer zone along the northwest property line of the Cave
II Spring Office Park. This proffered condition was made when the zoning
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May 24, 1994
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ordinance contained no countywide screening and buffering provisions.
Instead of the proffered condition, the petitioner proposes to provide
for a 15 foot buffer zone with a wooden fence which would comply with
the current screening and buffering requirements of the zoning
ordinance.
The following citizens advised that they were opposed to any
changes in the buffer requirements and that the previous proffers
concerning lighting, dumpsters, and power lines were not being
observed: (1) Paul Bell. 2705 Hillbrook Drive, President of the
Cresthill civic League; (2) Stephen W. Meador. 2771 Hillbrook Drive:
(3) Marqarette S. Baker. 2767 Hillbrook Drive; and (4) Kevin Orcutt.
2759 Hillbrook Drive. I
Sam Lionberger, Jr., representing the petitioner, advised
that the peti tioner would agree to an addi tional proffer to plant
evergreen trees in the 15 foot buffer area in lieu of a fence. Mr.
Harrington advised that this proffer could be accepted since it was
provided in writing before the start of the public hearing.
After discussion, Supervisor Eddy moved to adopt the
ordinance with an additional proffer: petitioner will plant evergreen
trees at least 5 feet tall at the time of planting in lieu of a fence.
The motion carried by the following recorded vote:
AYESri Supervisors Johnson, KOhinke, Eddy
NAYS: Supervisors Minnix, Nickens
supervisor Eddy requested that staff continue their attemptsl
to have the original proffers enforced.
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355
ORDINANCE 52494-7 AMENDING PROFFERED CONDITIONS ON
THE REZONING OF A 1.655-ACRE TRACT OF REAL ESTATE
(TAX MAP NO. 76.16-1-40.1) LOCATED AT THE TERMINUS
OF POSTAL DRIVE IN THE WINDSOR HILLS MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF C-1,
CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-1,
CONDITIONAL (MODIFICATION TO PROFFERED CONDITIONS)
UPON THE APPLICATION OF PEDIATRIC ASSOCIATES
WHEREAS, this property was rezoned to B-1 with proffered
conditions in 1981; and
WHEREAS, the Roanoke County Planning Commission held a
public hearing on this matter on May 3, 1994; and
WHEREAS, the first reading of this ordinance was held on
April 26, 1994; and the second reading and public hearing were held on
May 24, 1994; and
II . WHEREAS, legal notice and advertisement has been provided as
requlred by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the zoning classification of a certain tract of
real estate containing 1.655 acres (TAX MAP NO. 76.16-1-40.1) and
located at the terminus of Postal Drive in the Windsor Hills
Magisterial District is hereby changed from the zoning classification
of C-1C, Office District, with proffered conditions, to the zoning
classification of C-1C, with amended proffered conditions.
2. That this action is taken upon the application of
Pediatric Associates.
I 3. That the owners voluntarily proffered in writing the
following amendments to the conditions approved by the Board of
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May 24, 1994
þ
Supervisors in 1981, . which the Board of Supervisors hereby amends as
follows:
1) There will be only one street or entrance from VA Route
419. The entrance shall be two lanes in each direction
and divided by a median strip.
2) There will be not more than one sign along Route 419,
and the sign will be limited to 75 square feet.
3) The building or buildings on the property will occupy
not more than 25% of the total land area.
4) The property will be developed into not' more than 16
lots, and each lot will contain only one building.
5)
All utility lines will
accordance with utility
be installed underground in I
company specifications and
requirements.
6) All refuse containers will be adequately screened from
view.
7) All lighting within the property shall be adequate and
shall not be a hindrance to any resident adjacent to
the property.
8) 'Phere \¡ill be a landDoaped buffer zone 20 feet \lide
along the \;cDterly or north~ieDterly property line
adj oining all property zoned for Dingle family
reDidential development.
8)
No portion of any building will be built
feet to the rear property line of any
closer than 60
single family I
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May 24, 1994
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residential lot adjoining the property.
9) No building constructed on the property will be more
than three stories or 45 feet in height above grade
level as viewed from VA Rt. 419.
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4. That this ordinance shall be in full force and effect
thirty (30) days after its final passage. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance be, and
the same hereby are, repealed.
On motion· of Supervisor Eddy to adopt the ordinance with
additional proffer #10, ~nd carried by the following recorded vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Eddy
Supervisors Minnix, Nickens
~. Ordinance Authorizinq a SDecia1 Use Permit to Construct
a Convenience store with Gasoline DumDS and to use
stone and Block for Crushed Fill F01lowinq the
Demoli tion of the· Existinq Bui1dinq, Located at 6414
and 6422 Bent Mountain Road, Windsor Hills Maqisterial
District~ UDon the Petition of Alan Graczyk.
Harrinqton, Director of Planninq & Zoninq)
(Terry
0-52494-8
Mr. Harrington advised that this is a request for two
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May 24, 1994
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special use permits to allow the petitioner to construct a convenience
store with gasoline pumps, and to allow a rubble landfill on site
during the construction process.
He advised that the main concerns
are with access to the site and the uncertainly of the widening of
Route 221.
Mr. Harrington advised that if the special use permits are
approved, the petitioner must prepare site plans for review by the
Virginia Department of Transportation and request a commercial
entrance permit.
Due to the potential amount of traffic generated,
VDOT may also require, a deceleration lane for northbound traffic and a
turning lane for southbound traffic.
Alan Graczvk. 5507 Castle Rock Road, petitioner, outlinedl
his plans for the project, and asked for approval of the special use
permits from the Board.
The following citizens spoke in opposition to granting the
special use permits because of their concerns about safety, traffic,
and potential contaminants to the soil and creek:
(1) Nancv V. Dve.
M.D.. 8135 Vista Forest Drive; (2) Kevin R. Dve. 8135 vista Forest
Drive; (3) Kathrvn Garvin. 6211 Poaqe Valley Road: and (4) Pat
Schaaff. 7259 Welkin Valley Road;
After discussion, Supervisor Eddy moved to approve the
special use permit as recommended by the Planning Commission with an
additional condition: that the store will open no earlier than 6 a.m.
and close no
later than midnight: and alternate wording be used for I
Condition #4.
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359
Supervisor Minnix moved to amend Supervisor Eddy's motion by
adding the condition, that subject to Virginia Department of
Transportation review and approval, petitioner shall construct a left
turn lane and a deceleration lane prior to the operation of this
facility. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Minnix, Nickens
NAYS: Supervisors Kohinke, Eddy
Supervisor Eddy's amended motion to approve the special use
permit with two additional conditions and amended condition carried by
the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
ORDINANCE 52494-8 GRANTING A SPECIAL USE PERMIT TO
CONSTRUCT A CONVENIENCE STORE WITH GASOLINE PUMPS
AND TO USE STONE AND BLOCK FOR CRUSHED FILL
FOLLOWING THE DEMOLITION OF THE EXISTING BUILDING
LOCATED AT 6414 AND 6422 BENT MOUNTAIN ROAD (TAX
MAP NO. 95.02-2-59), WINDSOR HILLS MAGISTERIAL
DISTRICT, UPON THE PETITION OF ALAN GRACZYK
WHEREAS, Alan Graczyk has filed a petition to allow the
construction of a convenience store with gasoline pumps and to use
stone and block for crushed fill following the demolition of the
existing building located at 6414 and 6422 Bent Mountain Road in the
Windsor Hills Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on
this matter on May 3, 1994; and
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May 24, 1994
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WHEREAS, the Board of Supervisors of Roanoke County,
Virginia, held a first reading on this matter on April 26, 1994; the
second reading and public hearing on this matter was held on May 24,
1994.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the Board finds that the granting of a special use
permit to allow the construction of a convenience store with gasoline
pumps and to use stone and block for crushed fill following the
demolition of the existing building located at 6414 and 6422 Bent
Mountain Road in the windsor Hills Magisterial District is substan-
tially in accord with the adopted 1985 Comprehensive Plan pursuant to I
the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as
amended.
2. That the Board hereby grants a Special Use Permit to
Alan Graczyk to allow the construction of a convenience store with
gasoline pumps and to use stone and block for crushed fill following
the demolition of the existing building located at 6414 and 6422 Bent
Mountain Road in the windsor Hills Magisterial District, subject to
the following conditions:
1) Petitioner shall grade and cover the fill matèrial on a
weekly basis.
2) Petitioner shall notify the Department of Environmental
Quality Division of Waste Management of his plans to use the I
material from the auto repair shop for fill prior to demolition of the
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May 24, 1994
361
building.
3) If petitioner decides to landfill this rubble material
rather than use it as fill, petitioner shall submit landfill receipts
to the Department of Engineering and Inspections for all material
hauled off site.
4) Petitioner shall build a convenience store and gasoline
canopy that are consistent in architectural style, design and roof
pitch with the architectural drawings submitted to the Department of
Planning and Zoning and dated April 15, 1994.
5) Due to the rural characteristics of this site, petitioner
shall be allowed signage that is consistent with the AV District
regulations [Section 30-93-13(C)].
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On motion of Supervisor Eddy amended to approve ordinance
with conditions #6 and #7 added, and condition #4 wording amended, and
carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
L.
Ordinance Amendinq the Official Zoninq MaDs of Roanoke
County by MOdifyinq the Zoninq Classification of
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May 24, 1994
þ
Scattered Parcels within Roanoke County.
Harrinqton, Director of P1anninq & Zoninq)
(Terrv
0-52494-9
Mr. Harrington advised that the Planning Commission is
requesting the amendment of the official zoning maps by modifying the
zoning classification of the following parcels: (1) Thirlane Road
(unzoned to I-I); (2) Olsen Road (I-2 to R-1); (3) Williamson and
Malvern Road (R-2 to C-2); (4) Route 419 (C-1 to R-1); and (5) Bunker
Hill Drive (C-1 to R-l).
Mr. Harrington advised. that the Hanging Rock properties (AG-
1 to R-1 and R-l) were deleted from this ordinance by the Planning
Commission for further study. I
There was no discussion and no citizens speaking on this
issue.
Supervisor Johnson moved to approve the rezonings absent the
properties on Olsen Road. The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
None
Supervisor Kohinke moved to approve the rezoning of the
properties . on Olsen Road. The motion carried by the following
recorded vote:
AYES:
NAYS:
ABSTAIN:
Supervisors Kohinke, Minnix, Nickens, Eddy
None
Supervisor Johnson
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May 24, 1994
363
ORDINANCE 52494-9 AMENDING AND REENACTING THE
ZONING DISTRICT MAPS FOR ROANOKE COUNTY, BY THE
ADOPTION OF CERTAIN MISCELLANEOUS CHANGES
THROUGHOUT THE COUNTY TO SAID MAPS
WHEREAS, on December 15, 1992, the Board of Supervisors of
Roanoke County, Virginia, adopted Ordinance 121592-10 which amended
the Zoning District Maps for Roanoke County; and,
WHEREAS, on September 14, 1993, the Board of Supervisors of
Roanoke County, Virginia, adopted Ordinance 91493-11 which amended the
Zoning District Maps for Roanoke County; and
WHEREAS, on October 12, 1993, the Board of Supervisors of
Roanoke County, Virginia, adopted Ordinance 101293-9 which amended the
Zoning District Maps for Roanoke County; and
WHEREAS, citizens in various areas· of the County have
requested that the zoning classifications as reflected in the new
zoning district maps of their properties be re-examined to address
their questions and concerns; and,
WHEREAS, the Roanoke County Planning Commission held a
public hearing on May 3, 1994, and have made recommendations to the
Board; and
WHEREAS, public necessity, convenience, general welfare and
good zoning practice require that the following properties and zoning
district maps be, and hereby are, submitted to the Board of
Supervisors for amendment; and,
WHEREAS, legal notice and advertisement has been provided as
required by law, and that the first reading of this ordinance was held
on April 26, 1994 and the second reading and public hearing was held
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May 24, 1994
þ
on May 24, 1994.
BE IT ORDAINED, by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That "1992 Zoning District Maps of Roanoke County,
Virginia" are hereby amended and reenacted as the zoning district maps
for Roanoke County, Virginia, as follows:
(A) That the following described properties are hereby changed
from Unzoned to I-1:
26.18-1-7, 26.18-1-8, 26.18-1-9, 26.18-1-10,
26.18-1-11, 26.18-1-12.1.
(B) That the following described properties are hereby changed
from I-2, Industrial District to R-1, Low Density Residential
26.11-2-8, 26.11-2-9
I
District:
(C) That the following described properties are hereby changed
from R-2, Medium Density Residential District to C-2, General
Commercial District:
38.14-1-75
(D) That the following described properties are hereby changed
from C-1, Office District to R-1, Low Density Residential District:
76.16-2-2, 76.16-2-3, 76.16-2-4, 76.16-2-5, 77.13-3-8, 77.13-3-9
2. That the attached maps are incorporated herein by reference.
3. That this ordinance shall be in full force and effect thirty
(30) days after its final passage.
All ordinances or parts of
ordinances in conflict with the
provisions of. this ordinance be, and
The Zoning Administrator is directed I
the same hereby are, repealed.
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May 24, 1994
365
to amend the zoning district map to reflect the change in zoning
classification authorized by this ordinance.
On motion of Supervisor Johnson to adopt the ordinance absent the
properties in Paragraph 1.B. (26.11-2-8, 26.11-2-9) Olsen Road, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
On motion of Supervisor Kohinke to adopt the rezonings of the
properties in Paragraph 1.B (26.11-2-8, 26.11-2-9) Olsen Road, and
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
ABSTAIN: Supervisor Johnson
IN RE:
OTHER BUSINESS
h Claim by Huntinq Hills Country Club, Inc. for Water
Damaqes to Golf Course. (Paul Mahoney, County
Attorney)
A-52494-10
Mr. Mahoney advised that a claim has been submitted on
behalf of Hunting Hills Country Club for costs to remedy a water
and/or storm drainage problem to the 14th hole of the golf course.
This claim was submitted to the County's insurance carrier and
rejected. Mr Mahoney advised that staff has been unsuccessful in
II finding an alternative solution to this problem and recommends denial
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May 24, 1994
þ
of the claim so it can be forwarded to circuit Court.
Mr. Burton L. Albert, counsel for Hunting Hills Country
Club, advised that the cost to correct the problem is estimated to be
$20,000.
Supervisor Minnix moved to deny the claim.
The motion
carried by the following recorded vote:
AYES:
Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
CITIZEN COMMENTS AND COMMUNICATIONS
The following citizens spoke concerning their opposition tOI
houses being build in the Palm Valley Subdivision on stilts to avoid
being in the flood plain: (1) JOY Martin, 103 TaIì:pa Drive: (2) Janice
Mitchell, 30 Verndale Drive; and (3) Cathy Lambert, 54 Verndale Drive.
County staff advised that the developer is complying with
County regulations.
The Board directed staff to continue to monitor
the situation for strict adherence to all County procedures.
Bruce Roy, 1202 Jamison Avenue,
asked that the Board: (1)
develop a progressive pay program;
(2)
consider the pay of
firefighters as compared to other regions; and (3) that there be no
increase in health insurance premiums.
IN RE:
RECESS
At 9:33 p.m., Chairman
Eddy declared a three-minute recess. II
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May 24, 1994
367
IN RE:
WORK SESSION
h County Budqet
Brent Robertson, Budget Manager, briefed the Board on the)
changes that were made to the budget since the April 26, 1994 meeting.
Following discussion, it was the consensus of the Board to:
(1) allocate $11,380 to fully fund the Child Health Investment
Partnership (CHIP); (2) allocate $10,000 to Mill Mountain Zoo for the
sister City Capital Project by reducing the contribution to Center in
the Square;
(3) retain membership in the Virginia Municipal League;
and (4) that the holiday schedule remain as it is and the County
offices will not open on non-traditional holidays.
~ Leave Policy
Mr. Hodge briefed the Board on the proposed changes to the
County Leave Policy as recommended by the Leave Policies Team. There
was discussion concerning eliminating rather than reducing the sick
leave for paternity, maternity and adoption.
Bruce Rov. as a member
of the Leave Policies Team, urged the Board members to approve the
team's recommendation and not to eliminate this sick leave provision.
Mr. Hodge recommended that the County offices remain open on
Lee-Jackson-King Day, President's Day, Columbus Day, and Veterans's
Day, .with these holidays becoming floating holidays for County
employees.
It was the consensus of the Board for the County holiday
schedule not to be changed and the County to remain closed on all
holidays.
After discussion, it was the consensus of the Board that the
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May 24, 1994
þ
following recommendations be approved: (a) sick Leave for Paternity,
Extended Maternity and Adoption: Reduce use of sick leave from thirty
days to twenty days; (b) sick Leave for Family Sickness: Increase
the use of sick leave from six days per fiscal year to ten days per
fiscal year; (c) Procedures to review use of sick leave: Establish
p~ocedures for management to review with employees at stated levels of
usage.
IN RE:
REGULAR SESSION
Chairman Eddy declared that the Board was out of the work
session and back into the regular session.
IN RE:
FIRST READING OF ORDINANCES
I
h
Ordinance ADDroDriatinq the Funds
Fiscal Ye~r Budqet for Roanoke
for the
County.
1994-95
(Brent
Robertson, Budqet Manaqer)
Following the budget work session, Mr. Hodge requested that
separate actions be taken on approving the first reading of the budget
appropriations ordinance, the proposed salary increase for County
employees, and recommendations of the Leave Policies Team.
Supervisor Johnson moved to approve the first reading of the
budget appropriation ordinance as amended by the Board during the work
session, and set the second reading for June 14, 1994. The motion
carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy II
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May 24, 1994
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NAYS:
None
Supervisor Nickens moved to approve a 3% salary increase
across the board for employees effective July 1, 1994, provided
acceptable performance, and .8% merit increase on anniversary date.
The motion carried by the following recorded vote:
AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS: None
IN RE: RECOMMENDATIONS FROM LEAVE POLICIES TEAM
A-52494-11
Supervisor Johnson moved to approve the recommendations of
the Leave Policies Team beginning July 1, 1994: (1) reduce use of
sick leave allowed for paternity, extended maternity and adoption from
thirty days to twenty days; (2) increase use of sick leave for family
sickness from six days per fiscal year to ten days per fiscal year;
and (3) establish procedures for management to review with employees
the use of sick leave at stated levels of usage. The motion carried
by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Eddy
NAYS: Supervisor Nickens
Supervisor Minnix requested that a monthly summary of sick
leave usage by departments be distributed to the Board members.
IN RE:
EXECUTIVE SESSION
At 10: 30 p. m., Supervisor Eddy moved to go into Executive
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May 24, 1994
session pursuant to the Code of Virginia section 2.1-344 A (3) To
Consider the Disposition of Real Property, Namely, To Consider an
Offer to Purchase Surplus Well Lot; (7) To Discuss the Condemnation of
Real Property for Public utility Purposes, Wat~r Transmission Line;
(7) To Discuss Potential Litigation, Namely Appeal of a Decision of
the Board of Equalization with Respect to the Assessment of certain
Real Estate Owned by strauss Construction Company; and (1) To Consider
a Personnel Matter. The motion carried by the following recorded vote:
AYES: Supervisors Johnson, KOhinke, Minnix, Nickens, Eddy
NAYS: None
IN RE: CERTIFICATION OF EXECUTIVE SESSION
R-52494-12 II
At 11:07 p.m., Super\'isor Johnson moved to adopt the
certification Resolution.
The motion carried by the fOllowing
recorded vote:
AYES:
supervisors Johnson, Ko~inke, Minnix, Nickens, Eddy
NAYS:
None
RESOLUTION 52494-12 CERTIFYING EXECUTIVE MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County,
Virginia has convened an executive meeting on this date pursuant to an
affirmative recorded vote and in accordance with the provisions of The
Virginia Freedom of Information Act; and
WHEREAS, section 2.1-344.1 of the Code of Virginia requires·
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May 24, 1994 371
a certification by the Board of Supervisors of Roanoke County,
Virginia, that such executive meeting was conducted in conformity with
Virginia law.
NOW,
THEREFORE,
BE IT RESOLVED,
that the Board of
Supervisors of Roanoke County, Virginia, hereby certifies that, to the
best of each members knowledge:
1. Only public business matters lawfully exempted from open
meeting requirements by Virginia law were discussed in the executive
meeting which this certification resolution applies, and
2. Only such pUblic business matters as were identified in
the motion convening the executive meeting were heard, discussed or
considered by the Board of Supervisors of Roanoke County, Virginia.
On motion of Supervisor, Johnson to adopt the C~rtification
Resolution, and carried by the following recorded vote:
AYES:
Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy
NAYS:
None
IN RE:
ADJOURNMENT
At 11:07 p.m., Supervisor Minnix moved to adjourn. The
motion carried by a unanimous voice vote.
Submitted by,
Approved by,
~crJ1t~
Deputy Clerk
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