HomeMy WebLinkAbout1/24/2006 - Regular
January 24, 2006
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Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
January 24, 2006
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 January, 2006.
IN RE:
CALL TO ORDER
Chairman Wray called the meeting to order at 3:02 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Michael A. Wray, Vice-Chairman Joseph P.
McNamara, Supervisors Michael W. Altizer, Joseph B.
"Butch" Church, Richard C. Flora
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; John M. Chambliss, Assistant County
Administrator; Dan O'Donnell, Assistant County
Administrator; Diane S. Childers, Clerk to the Board; Teresa
Hamilton Hall, Public Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by Reverend Barry Foster, Raleigh Court United
Methodist Church. The Pledge of Allegiance was recited by all present.
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January 24, 2006
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Hodge added a closed meeting pursuant to the Code of Virginia
Section 2.2-3711 A (30) discussion of the terms or scope of a public contract where
discussion in open session would adversely effect the bargaining position or negotiating
strategy of the County, namely the Vinton gain sharing agreement; and Section 2.2-
3711 A (5) discussion concerning a prospective business or industry or the expansion of
an existing business or industry where no previous announcement has been made of
the business' or industry's interest in locating or expanding its facilities in the
community.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
.1: Recoanition of student deleaation from Woniu. Korea and
cresentation of Certificates of Honorary Citizenshic.
Chairman Wray presented certificates of honorary citizenship and a gift to
the following students: Mok In Jung, Sung Bae Park, Hang Lee, Hyun Woo Jang, Sol
Gi Lee, Gil Hyun Lee, Su Jin Lee, Sung Tak Kang, Ji Won Yang. A certificate of
honorary citizenship and gift were also presented to Yeon Hee Song, chaperone.
The following representatives from the Roanoke Valley Sister Cities were
also in attendance: David K. Lisk, Executive Director, and Dr. Bob Roth, President.
IN RE:
January 24, 2006
25
2. Resolution of accreciation to Donald W. Gilliscie, Fire and Rescue
Decartment. ucon his retirement after fifteen years of service.
R-012406-1
Chairman Wray presented the resolution to Mr. Gillispie. Also present
was Richard Burch, Chief of Fire and Rescue.
Supervisor Church moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS:
None
RESOLUTION 012406-1 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DONALD W.
GILLISPIE, FIRE & RESCUE DEPARTMENT, UPON HIS RETIREMENT
AFTER FIFTEEN YEARS OF SERVICE
WHEREAS, Donald W. Gillispie was first employed on December 10, 1990, by
the Roanoke County Fire and Rescue Department as a Battalion Chief for Fire
Prevention, and also served as Division Chief for Support and Community Service; and
WHEREAS, Chief Gillispie retired from Roanoke County as Battalion Chief for
Fire and Rescue Operations, on January 1, 2006, after fifteen years and one month of
service; and
WHEREAS, prior to joining the Roanoke County Fire and Rescue Department,
Chief Gillispie also served as a volunteer firefighter in Blackstone, Virginia, and as a
member of the Cave Spring Volunteer Fire Company in Roanoke County for eighteen
years; and
WHEREAS, during his volunteer service in Roanoke County, Chief Gillispie
assisted in the development of the Roanoke Valley Fire/EMS Training Center and the
Volunteer Length of Service Awards Program, as well as serving on the committee that
revised and adopted the Roanoke County Fire Prevention Code; and
WHEREAS, Chief Gillispie also served on the Roanoke County Fire Chiefs Board
and as a member of the Virginia State Fire Firefighters Association and the State Fire
Chiefs Association; and
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January 24, 2006
WHEREAS, Chief Gillispie, through his employment with Roanoke County and
his many years of volunteer service, has been instrumental in improving the quality of
life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to DONALD W. GILLISPIE for more than fifteen years of
capable, loyal, and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
3. Certificate of recoanition to J. C. Tavlor for nine years of service
on the Board of Eaualization.
Chairman Wray presented the certificate of recognition to Mr. Taylor. Also
present was Billy Driver, Director of Real Estate Valuation and Mrs. Laurice Taylor.
4. Certificate of recoanition to Jane Milliron for seven years of
service on the Roanoke Reaional Aircort Commission.
Chairman Wray presented the certificate of recognition to Ms. Milliron.
IN RE:
NEW BUSINESS
.1: Reauest for authorization to execute ª cerformance aareement
between the County of Roanoke. the Roanoke County Economic
Develocment Authority. and Cox Communications. Inc. (Elmer C.
Hodae. County Administrator)
A-012406-2
January 24, 2006
27
Mr. Hodge recognized Doug Chittum, Director of Economic Development,
and Jill Loope, Assistant Director of Economic Development, for the fine work they have
done. He stated that it is not by luck that there are three economic development
projects before the Board of Supervisors for approval today. He advised that Roanoke
County values our existing businesses just as we value the new businesses coming to
the County. He indicated that the businesses represented at the meeting today have
done an outstanding job of providing jobs for County citizens and supporting our tax
base. He also recognized Melinda Cox, Economic Development Specialist who works
with existing businesses, and he expressed appreciation to the Board for their support.
He noted that Roanoke County does not take lightly the expenditure of funds for
incentives to businesses, and advised that in the next three agenda items incentives are
being requested. He stated that Roanoke County matches the incentives with the
progress that is being made in terms of additional jobs and the increase to the tax base,
which supports services for Roanoke County citizens.
Mr. Chittum advised that these three projects represent approximately
$100 million investment and 350 jobs to the Roanoke Valley. He reported that Cox
Communications is a Fortune 500 company, the nation's third largest cable television
provider, a multi-service broadband communications company with almost 7 million
customers, and an employer of almost 23,000 people. He stated that Cox
Communications has been located in their facility on Fallowater Lane for approximately
ten years and during that time, they have undergone significant growth in services,
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January 24, 2006
employment, and revenue generated for Roanoke County. As a result of this growth,
Cox Communications will be enhancing their service capabilities through the expansion
of their facility. The addition of approximately 27,000 square feet will increase the size
of their building to over 50,000 square feet and will include the addition of more than 40
employees over the next five years. A press conference was held on Friday, January
20 to announce this expansion. Mr. Chittum advised that the performance agreement
will allow Roanoke County to partner with the Economic Development Authority (EDA)
and Cox Communications to provide an economic development grant in an amount
equal to three years of new local tax revenue. This grant will be provided to the
company as an incentive for their expansion in Roanoke County. Mr. Chittum reported
that this is an incremental increase and that the grant will be equal to any additional
revenues that are generated by the expansion project for the three-year period. The
grant will be provided through the EDA and Mr. Chittum advised that the EDA will be
meeting next week to consider these agreements. He stated that the grant will not
exceed $100,000 and an expected tax increase of $30,000 to $40,000 per year is
anticipated for this project. He noted that Cox Communications is a strong corporate
citizen in terms of the revenue they generate as well as their civic involvement.
Supervisor Church recognized Melinda Cox, Economic Development
Specialist, and requested that Mr. Chittum introduce the other staff members in his
department. Mr. Chittum recognized Terrie Cochran, Administrative Assistant, and Joe
Zielinski, Economic Development Specialist. Supervisor Church noted that the staff in
January 24, 2006
29
this department works very hard on behalf of Roanoke County, and he voiced
appreciation for the increase in new business that has been experienced in Roanoke
County in recent years.
Supervisor Altizer recognized Mike Pedelty, Director of Public Relations
for Cox Communications, who was present at the meeting. Supervisor Altizer stated
that he has worked with the staff at Cox Communications through his involvement on
the Roanoke Regional Cable Television Committee, and he stated that they are fine
individuals to work with and he indicated that he was pleased that the company had
chosen to expand in Roanoke County.
Supervisor Wray moved to approve the staff recommendation (authorize
the execution of a performance agreement between the County of Roanoke, the
Roanoke County Economic Development Authority, and Cox Communications
Roanoke). The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
2. Reauest for authorization to execute ª cerformance aareement
between the County of Roanoke. the Roanoke County Economic
Develocment Authority, and ITT Industries Niaht Vision Division.
(Doua Chittum, Director of Economic Develocment)
A-012406-3
Mr. Chittum advised that several months ago, the County announced an
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January 24, 2006
expansion at ITT Night Vision Division and he noted that Congressman Goodlatte was
instrumental in supporting legislation that allowed this project to move forward. He
reported that this past month, Commerce Quarterlv profiled the project as one of the top
in the State of Virginia. He stated that $700,000 was committed from the State of
Virginia Governor's Opportunity Fund for this project, which is matched with a $700,000
local incentive package. In addition, the state is providing over $150,000 in workforce
training services for the 250 new jobs that will be created. Mr. Chittum advised that of
those 250 jobs, 50 have salaries of $50,000 per year or greater and the remaining 200
have salaries that are above the median income of $30,000 per year in Roanoke
County. He reported that the County's match for the Governor's Opportunity Fund
monies is based on a 3.5 to 4 year realization of new tax revenues from the project. It is
an incremental increase in the taxes, in this case real estate and machinery and tools
taxes; the estimated incremental increase over the 3.5 to 4 year period will be
approximately $700,000 to $800,000; and this amount will be given to the company in
the form of an economic development grant from the EDA over a period of four years
once the project is complete and the employees have been hired.
Mr. Chittum noted that of the 250 new jobs to be created, over 180 have
already been hired and the construction project is due to be completed in March or
April. Mr. Chittum stated that night vision technology assists the military and that every
soldier is now issued one of these units. In addition, this product is used by public
safety agencies. He indicated that it is a technology that is admired all over the world,
January 24, 2006
31
and it is manufactured here locally. He advised that representatives from ITT and their
attorneys were present at the meeting.
The following representatives from ITT were recognized at the meeting:
James F. Douthat, Attorney - Woods, Rogers; Bruce Collier, ITT; and George J. A.
Clemo, Attorney - Woods, Rogers.
The Board members expressed support for the project and thanked ITT
for their commitment to the Roanoke Valley.
Supervisor Flora moved to approve the staff recommendation (authorize
the execution of a performance agreement between the County of Roanoke, the
Roanoke County Economic Development Authority, and ITT Industries Night Vision
Division). The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
3. Reauest for authorization to execute ª cerformance aareement
between the County of Roanoke. the Roanoke County Economic
Develocment Authority, and the Mennel Millina Comcanv of
Virainia. (Jill Looce, Assistant Director of Economic
Develocment)
A-012406-4
Ms. Loope reported that Mennel Milling Company plans to construct a
73,000 square foot state-of-the-art flour mill on 26 acres off Benois Road and
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January 24, 2006
Commonwealth Drive in Roanoke County. She advised that the Mennel Milling
Company has milled wheat into specialty flours for more than 120 years, they have
been an important contributor to the Roanoke regional economy for decades, and their
presence in Roanoke has played a critical role in Virginia's agribusiness. Mennel Milling
Company purchases a large majority of Virginia's specialty wheat production, and their
customer base includes Maple Leaf Foods, Nestle, and Hershey's. The new mill will
more than double the capacity of the current mill, and they are planning a $30.8 million
investment in state-of-the-art equipment and a new modern facility which will move the
company's manufacturing operation to Roanoke County from the City of Roanoke. The
company is moving because the current location is where Roanoke City is planning to
construct a biomedical park for the downtown area. Ms. Loope advised that the
decision to remain in Virginia will result in 33 jobs saved for the Roanoke region, and
she noted that Virginia successfully competed against Ohio and Tennessee for the
project.
Ms. Loope reported that a three-party performance agreement has been
negotiated between Roanoke County, the Roanoke County Economic Development
Authority, and Mennel Milling Company to assist with the expansion and retention of this
project. The agreement allows for an economic development grant in an amount equal
to three years of new local tax revenues to be reimbursed to the company after the new
facility is built. She stated that the grant will be in an amount not to exceed $900,000,
and this is consistent with the County's public private partnership policy. She noted that
January 24, 2006
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staff has held two community meetings to date, and advised that Mr. Mennel was
present to meet with citizens and work to alleviate any concerns. She stated that the
project is expected to be under construction within the month, and the Governor has
announced a VIP grant award in an amount of $250,000.
Supervisor Wray inquired if the agreement is consistent with County
policy. Mr. Hodge responded in the affirmative.
Supervisor Wray moved to approve the staff recommendation (authorize
the execution of a performance agreement between the County of Roanoke, the
Roanoke County Economic Development Authority, and Mennel Milling Company). The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
Supervisor Wray recognized the staff of the Economic Development
Department and commended them for the outstanding job they have done and their
dedication to serving Roanoke County.
Mr. Chittum expressed appreciation to the Board members for their
support, and also recognized the efforts of the staff in the Economic Development
Department, as well as staff in the County Attorney and Community Development
Departments, for their assistance with economic development efforts. He further
recognized Mr. Hodge for his support.
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January 24, 2006
Supervisor Altizer stated that of the performance agreements approved
this evening, two are existing businesses and one business is relocating from Roanoke
City. He noted the diversity of the projects that are attracted by our Economic
Development Department, and he indicated that the department works well with new, as
well as existing, businesses.
4. Update on VMLN ACo/APCO Steerina Committee and reauest to
approDriate funds in the amount of J2.203 for assessment for
APCo neaotiations. (Anne Marie Green. Director of General
Services)
A-012406-5
Ms. Green reported that she is the Roanoke County representative on the
VMLNACo Steering Committee, and that Mr. Kelley from Roanoke County Schools also
serves on this committee. She stated that the committee consists of members in the
APCo distribution area and, along with the County's consultants from Williams Mullen
and representatives from VMLNACo, they meet to review current issues with APCo,
examine rates, and determine which regulations will affect localities. She outlined the
following issues currently being monitored by the committee: (1) APCo is requesting an
increase in their fuel factor charges which will likely result in a 5-7% increase in
residential service charges. Ms. Green noted that it appears likely that the State
Corporation Commission (SCC) will grant the request. (2) The committee is beginning
the process of renewing their contract with APCo which will expire in 2007. (3) APCo is
January 24, 2006
35
applying for an increase in rates due to the cost of transmission and distribution
upgrades and to meet state and federal environmental mandates. She advised that
Roanoke County's counsel does not feel that APCo is entitled to this increase, and has
argued at the SCC against it. APCo is requesting a 9% increase to meet the
requirements outlined above. (4) The most long-range issue being addressed by the
committee is deregulation, and Ms. Green noted that capped electric rates are
scheduled to end in 2010. It was expected that sufficient competition would exist in
Virginia at that time that would allow individuals to negotiate to buy their own electric
power; however, counsel has found that is not the case and that even in states where
there are well-functioning wholesale and retail markets, there have still been significant
increases to the consumer. She advised that we have not had an assessment since
2003.
Ms. Green outlined the following issues which have been addressed by
the committee in the past two years: (1) negotiation of contracts with APCo for the
extension of current rates through June 30, 2007; (2) representation of the localities in
American Electric Power's corporate separation from APCo; (3) participated in APCo's
application to join a regional transmission authority; (4) support of an amendment in the
2004 General Assembly permitting local governments to represent their citizens if and
when "retail choice" (deregulation) becomes an actuality. Ms. Green advised that the
current assessment from the committee, which is based on kilowatt hours used, is
$250,000; Roanoke County's share of this amount is $10,621. Based on usage,
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January 24, 2006
Roanoke County schools are responsible for $8,418, and the County is responsible for
$2,203. She indicated that these funds are available in the Board Contingency Fund.
There was no discussion on this item.
Supervisor McNamara moved to approve the staff recommendation
(approve the payment of $2,203 to the VMLNACo AEP Steering committee from the
Board Contingency Fund). The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
None
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Church moved to approve the first reading and set the second
reading and public hearing for February 28, 2006. The motion carried by the following
NAYS:
IN RE:
recorded vote:
AYES:
NAYS:
Supervisors McNamara, Church, Altizer, Flora, Wray
None
1. First readina of an ordinance to rezone approximatelv 43 acres
from 1-2. Industrial District. to AG-3. Aaricultural/Rural Preserve
District. and to obtain ª special use permit and ª review of ª
proposed public facility per section 15.2-2232 Code of Virainia for
the construction and operation of ª reaional iail located at 5859
January 24, 2006
37
West River Road. Catawba Maaisterial District. upon the petition
of the Western Virainia Reaional Jail Authority.
FIRST READINGS OF ORDINANCES
1 First readina of an ordinance to accept the conveyance of
approximatelv 28.71 acres of real estate located on Merriman
Road. Cave SprinQ Maaisterial District. from the Roanoke County
School Board to the Board of Supervisors. (Paul Mahonev.
County Attorney)
Mr. Mahoney advised that this is the first reading of an ordinance
authorizing the acceptance of a conveyance of property known as the Taylor Tract to
the Board of Supervisors from the School Board. He indicated that this is a 28.71 acre
tract that was acquired by the School Board in 1993 as a potential site for a new South
County High School; however, the School Board ultimately selected a different site for
the school. He stated that the files he has received regarding this property contain a
variety of engineering and analysis reports for the site. He further noted that the Board
of Supervisors authorized staff to complete work on a variety of sites for a proposed
new South County Library, and this was one of those sites. He reported that the site
has some topographic and flood plain issues to be addressed, and advised that
approximately 7 of the 28 acres are within the flood plain. He stated that there is good
mapping data available that delineates the flood plain area. He advised the Board that
this is a good acquisition and the comments included by the County Administrator in the
IN RE:
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January 24, 2006
board report indicate that this property may be useful for integration into the County's
Parks, Recreation and Tourism program.
Supervisor Flora noted that the deed and map included in the agenda
packet refer to a booster station. Mr. Mahoney advised that incorrect information was
inadvertently included with the agenda packet.
Supervisor Wray stated that there is a lease on the property for a stable.
He requested additional information regarding this lease. Mr. Mahoney advised that
staff has attempted to determine whether there is a written lease with respect to the
riding stable, and has been advised that there is a verbal agreement but no written
lease. He stated that it is hoped that the School Board would provide notice that the
County will be acquiring the property and the lease will be terminated. He advised that
County staff would then evaluate the property with respect to plans for inclusion in the
Parks, Recreation, and Tourism program.
Supervisor Wray moved to approve the first reading and set the second
reading for February 14, 2006. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
IN RE: APPOINTMENTS
.1: Lenath of Service Awards Proaram (LOSAP) for Fire and Rescue
Chairman Wray advised that recommendations are not yet available for
these vacancies.
January 24, 2006
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2. Roanoke Reaional Airport Commission
Supervisor Flora stated that this is a County-wide appointment and he
requested that any potential nominees be discussed by the Board. There was a
consensus to schedule a closed session at the February 14 meeting regarding this
appointment.
3. Virainia Western Community Colleae Board
Mr. Hodge advised that Dr. Robert Sandel, President of VWCC, is working
with the Board regarding this appointment. A recommendation is not yet available.
IN RE:
CONSENT AGENDA
R-012406-6; R-012406-6.a; R-012406-6.b; R-012406-6.f
Supervisor Altizer moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS:
None
RESOLUTION 012406-6 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for January
24, 2006, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 6, inclusive, as follows:
1. Approval of minutes - December 20, 2005 and January 10, 2006
2. Resolutions of appreciation upon the retirements of the following individuals:
a. James F. Hicks, Sheriff's Office, after twenty-three years of service
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January 24, 2006
b. Eugene W. Caton, III, Real Estate Valuation, after sixteen years of service
3. Request to accept the donation of a new 5 foot wide drainage easement
across property of Harold L. Barrett and Lynn B. Barrett, Lot 27 A, Section 1,
Northbrooke Subdivision, Hollins Magisterial District
4. Request to accept the donation of a new 7.5 foot wide drainage easement
across property of David T. Mann and Melissa B. Mann, Lot 1, Section 1,
Northbrooke Subdivision, Hollins Magisterial District
5. Request from the schools to accept and appropriate funds totaling $7,338.23
for grants and reimbursements
6. Resolution approving the sublease and co-location by NEXTEL WIP Lease
Corp on the NTELOS owned tower located at the Hollins Fire Station at 7401
Barrens Road, Hollins Magisterial District
2. That the Clerk to the Board is hereby authorized and directed where required
by law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
RESOLUTION 012406-6.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO JAMES F.
HICKS, JR., SHERIFF'S OFFICE, UPON HIS RETIREMENT AFTER
TWENTY-THREE YEARS OF SERVICE
WHEREAS, James F. Hicks, Jr., was first employed on October 16, 1982, by the
Roanoke County Sheriff's Office as a Deputy Sheriff and retired from Roanoke County
on January 1, 2006, after twenty-three years and three months of service; and
WHEREAS, Lieutenant Hicks received his first promotion to the rank of Deputy
Sheriff Corporal on January 1, 1985, was subsequently promoted to the rank of Deputy
Sheriff Sergeant on April 19, 1986, and achieved the rank of Deputy Sheriff Lieutenant
on December 23, 1999, and
WHEREAS, Lieutenant Hicks made many significant contributions to the
Roanoke County Sheriff's Office through his leadership ability; and
WHEREAS, Lieutenant Hicks, through his employment with Roanoke County,
has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to JAMES F. HICKS, JR. for more than twenty-three
years of capable, loyal, and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
January 24, 2006
41
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
RESOLUTION 012406-6.b EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO EUGENE W.
CATON, III, REAL ESTATE VALUATION DEPARTMENT, UPON HIS
RETIREMENT AFTER SIXTEEN YEARS OF SERVICE
WHEREAS, Eugene W. Caton, III, was first employed on December 18, 1989, by
the Roanoke County Real Estate Valuation Department as a real estate appraiser; and
WHEREAS, Mr. Caton retired from Roanoke County on January 1, 2006, after
sixteen years of service and achieving the position of Senior Appraiser; and
WHEREAS, Mr. Caton has been a dedicated employee who maintained a high
level of integrity in his dealings with County citizens and fellow employees during his
tenure with the Real Estate Valuation Department; and
WHEREAS, Mr. Caton has been a member of the Virginia Association of
Assessing Officers; and
WHEREAS, Mr. Caton, through his employment with Roanoke County, has been
instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to EUGENE W. CATON, III, for sixteen years of
capable, loyal, and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
RESOLUTION 012406-6.f APPROVING THE SUBLEASE AND CO-
LOCATION BY NEXTEL WIP LEASE CORP. ON THE NTELOS OWNED
TOWER LOCATED AT THE HOLLINS FIRE STATION AT 7401
BARRENS ROAD, HOLLINS MAGISTERIAL DISTRICT
WHEREAS, by Ordinance 102604-7 Roanoke County authorized the execution
of an option and lease agreement with Virginia PCS Alliance, L.C., d/b/a/ NTELOS, for a
3,400 square foot tower site to be located on property owned by Roanoke County at the
Hollins Fire Station on Barrens Road in the Hollins Magisterial District; and
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January 24, 2006
WHEREAS, Section 14 of the Option and Lease Agreement provides that
NTELOS must receive consent from Roanoke County to sublease the tower; and
WHEREAS, this Agreement also provides that 20°,fo of the rental received by
NTELOS for any such sublease shall be paid to Roanoke County.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board hereby approves the NTELOS request to sublease to NEXTEL
WIP lease corporation space on the NTELOS owned tower located at the Hollins Fire
Station at 7401 Barrens Road, Roanoke County, Virginia; and
2. That NTELOS shall pay Roanoke County 200/0 of any rents paid to NTELOS
by NEXTEL WIP Lease Corporation; said payments to be placed in the County Building
Repair Account pursuant to Ordinance 102504-7.
3. That the County Administrator or Assistant County Administrator is hereby
authorized to execute such documents and take such actions as are necessary to
accomplish this transaction, all of which shall be upon form and subject to the conditions
approved by the County Attorney.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
IN RE:
REQUESTS FOR WORK SESSIONS
.1: Reauest to schedule ª work session .Q!! Februarv 14. 2006. to
discuss the Stormwater Operations Proaram. (Arnold Covev.
Director of Community Development)
It was the consensus of the Board to schedule the work session on
February 14, 2006.
IN RE:
REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
January 24, 2006
43
AYES:
NAYS:
IN RE:
Supervisors McNamara, Church, Altizer, Flora, Wray
None
.1: General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Continaencv
4. Future Capital Proiects
5. Accounts Paid = December 2005
6. Statement of expenditures and estimated and actual revenues for
the month ended December 31. 2005
7. Statement of Treasurer's accountability per investment and
portfolio policv as of December 31. 2005
8. Public Safety Center BuildinQ Proiect Budaet Report
9. Public Safety Center Buildina Proiect Chanae Order Report
10. Report of claims activity for the self-insurance proaram for the
period ended December 31.2005
CLOSED MEETING
At 4:35 p.m., Supervisor Wray moved to go into closed meeting following
the work session pursuant to the Code of Virginia Section 2.2-3711 A (30) discussion of
the terms or scope of a public contract where discussion in open session would
adversely effect the bargaining position or negotiating strategy of the County, namely
the Vinton gain sharing agreement; and Section 2.2-3711 A (5) discussion concerning a
44
January 24, 2006
prospective business or industry or the expansion of an existing business or industry
where no previous announcement has been made of the business' or industry's interest
in locating or expanding its facilities in the community. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
IN RE: WORK SESSION
.1: Update on the 2006 Session of the Virainia General Assembly.
(Paul Mahonev. County Attornev
The work session was held from 4:55 p.m. until 5:35 p.m.
Mr. Mahoney stated that when comparing the Governor's transportation
plan with the Senate transportation plan, there are similarities in that both are proposing
methods to generate new revenues that could be allocated to transportation; also, both
proposals outline new programs to be funded by these new revenues. He advised that
there are some attempts to better integrate local land use planning with transportation
issues. He indicated that this is a significant first step in terms of addressing the
transportation problems in Virginia. He noted that the proposed inclusion of a traffic
impact statement for rezoning requests in the local land use components supports
similar initiatives already being pursued at the local level.
Mr. Mahoney reported on the following issues outlined in Roanoke
County's 2006 legislative program: (1) The Governor has set aside funding for Explore
January 24, 2006
45
Park; however, staff is working with Delegate Onzlee Ware to attempt to secure
additional funding. (2) Delegate William Fralin has submitted House Bill (HB) 1543 to
provide relief with respect to private roads and the rural addition road program.
Contacts have been made with staff in legislative services to clarify Roanoke County's
objectives and concerns in this regard. (3) With respect to the DUI fees and expenses,
it was noted that Delegate Robert Hurt from Chatham has submitted a similar bill.
Rather than submit duplicate legislation, Mr. Mahoney recommended that Delegate
Fralin could co-patron HB 1027. (4) The County was unsuccessful in introducing
legislation with respect to the criminal justice training academy. Mr. Mahoney reported
that despite the fact that copies of the draft legislation were provided, the delegates'
offices advised that they never received them.
Mr. Mahoney advised that Supervisor Altizer has inquired about Governor
Kaine's Homestead Exemption proposal and staff is looking into this legislation. He
stated that there are many bills that have been introduced that deal with local taxation
issues and that attempt to address citizen concerns with respect to rising real estate
assessments. Mr. Mahoney reported that there is an attempt to place a cap on local
authority with respect to this issue. He also noted that there are several bills pending
that will attempt to raise the income or net worth limits that apply to tax relief for the
elderly and handicapped. He further advised that the General Assembly will also be
considering additional funding for the revenue sharing program.
46
January 24, 2006
Mr. Mahoney referenced Senate Bill 262 sponsored by Senator Frank
Wagner and advised that if the State Corporation Commission (SCC) approves certain
"low emission energy facilities", this will be deemed sufficient to satisfy the local zoning
requirements. He noted that this legislation would thereby restrict local government
authority.
In response to an inquiry from Supervisor McNamara regarding Virginia
Retirement System (VRS) rates, Mr. Mahoney reported that he does not anticipate there
will be a final resolution of this issue until late in the session. Ms. Hyatt reported that the
Governor's budget included a school VRS rate that was funded at a lower increased
rate of 3.5%, rather than the 5°,10 increase originally projected. She advised that the
County's VRS rate is a slight decrease from last year.
In response to an inquiry from Supervisor Altizer, Mr. Mahoney stated that
he would notify the Board when a County-sponsored bill is scheduled to come before
the General Assembly.
Mr. Mahoney requested input from the Board regarding which issues they
deem to have priority; the Board recommended focusing on issues germane to
Roanoke County such as proposed increases for VRS and life insurance, as well as
funding for private roads.
There was general discussion regarding the Verizon telecommunications
bill and the cable competition bill and the impact these would have on our area's cable
services and existing franchise agreements. There was also discussion regarding
January 24, 2006
47
changes in the revenue sharing program and how the distribution of these funds is
determined.
Mr. Hodge reported that Jim Sears has requested a work session for the
arts and cultural agencies to discuss funding requests with the Board. There was not a
consensus of the Board to proceed with this work session. Supervisor Flora noted that
in the future when the Board makes a contribution to cultural agencies, it should be in
the form of a purchase of services; for example, admissions for students. He further
advised that the O. Winston Link museum has already offered free admission to
Roanoke County students as a result of the contribution they received from Roanoke
County.
IN RE: CLOSED MEETING
The closed meeting was held from 5:40 p.m. until 6:47 p.m.
CERTIFICATION RESOLUTION
IN RE:
R-012406-7
At 7:00 p.m., Supervisor Wray moved to return to open session and adopt
the certification resolution. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
48
January 24, 2006
RESOLUTION 012406-7 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Wray to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of conaratulations to Cave Sprina Hiah School
vollevball team for winnina the State Group AA Championship.
R-012406-8
Chairman Wray presented the resolution to Coaches Tamalyn Tanis, Mark
Tanis, and Mike Wiegand, and the members of the volleyball team who were present at
the meeting. Also present were Dr. Linda Weber, Superintendent of Schools; Dr.
Martha Cobble, Principal; and Randy Meck, Athletic Director.
Supervisor Wray moved to adopt the resolution. The motion carried by
the following recorded vote:
January 24, 2006
49
AYES:
Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS:
None
RESOLUTION 012406-8 OF CONGRATULATIONS TO
THE CAVE SPRING HIGH SCHOOL VOLLEYBALL TEAM
FOR WINNING THE STATE GROUP AA CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools in
Roanoke County, teaching cooperation, sportsmanship, and athletic skill; and
WHEREAS, the Cave Spring Knights Volleyball Team won the State Group AA
Championship on November 12, 2005, and finished the season with an overall record of
26 wins and 2 losses; and
WHEREAS, the Knights have compiled a four-year record of 107 wins and 6
losses and have not lost a district match in four years; and
WHEREAS, the Knights are the first team in the Virginia High School League to
compete in the state championship final for four consecutive years and won three
championship titles; and
WHEREAS, in addition to the accomplishments of the team, various team
members achieved individual honors with All-State First Team places awarded to Team
Captains Lauren Clary and Stacey Craighead who was also named Group AA Player of
the Year for the District, Region, and State; and
WHEREAS, the Knights are coached by Head Coach Tamalyn Tanis, who was
named State Group AA Coach of the Year by the Virginia High School Coaches
Association in addition to being named Coach of the Year for the River Ridge District
and Region III, and Assistant Coaches Mark Tanis and Mike Wiegand.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its sincere congratulations to the
members of the CAVE SPRING KNIGHTS VOLLEYBALL TEAM: Lauren Bosche,
Lauren Clary, Stacey Craighead, Tina Crawford, Katherine Jetton, Laura Jones, Jessica
Lancaster, Kelsey Largen, Caitlyn Long, Allyson Paone, Andrea Thornton, Maggie
Wagner, Erica Wiegand, and Taylor Yarber for their athletic ability, their commitment,
and their team spirit; and
BE IT FURTHER RESOLVED that the Board of Supervisors extends its best
wishes to the members of the team, the coaches, and the school in their future
endeavors.
On motion of Supervisor Wray to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
50
January 24, 2006
(a) Certificate of recoanition to Stacev Craiahead. Cave Sprina
Hiah School. for beina named Group AA Volleyball Plaver of
the Year and for beina named to All-State First Team.
Chairman Wray presented the certificate of recognition to Ms. Craighead,
who was accompanied by her parents. Also present were Dr. Linda Weber,
Superintendent of Schools; Dr. Martha Cobble, Principal; Randy Meck, Athletic Director;
Tamalyn Tanis, Head Coach; Mark Tanis and Mike Wiegand, Assistant Coaches.
(b) Certificate of recoanition to Lauren Clary. Cave Sprina Hiah
School. for beina named to the Volleyball All-State First Team.
Chairman Wray presented the certificate of recognition to Ms. Clary, who
was accompanied by her parents. Also present were Dr. Linda Weber, Superintendent
of Schools; Dr. Martha Cobble, Principal; Randy Meck, Athletic Director; Tamalyn Tanis,
Head Coach; Mark Tanis and Mike Wiegand, Assistant Coaches.
2. Certificate of recoanition to Meredith Bucklev. Glenvar Hiah
School. for beina named the State Softball Co-Plaver of the Year.
Chairman Wray presented the certificate of recognition to Ms. Buckley,
who was accompanied by her parents. Also present were Dr. Linda Weber,
Superintendent of Schools; Janet Womack, Assistant Principal; Fenton Harrison, Head
Coach; Donna Wooldridge and Allen Leonard, Assistant Coaches.
January 24, 2006
51
3. Certificate of recoanition to Kellv Clark. Glenvar Hiah School. for
winnina the State Championship in the 2-mile event.
Chairman Wray presented the certificate of recognition to Ms. Clark, who
was accompanied by her parents. Also present were Dr. Linda Weber, Superintendent
of Schools; Janet Womack, Assistant Principal; Dickie Myers, Head Coach.
IN RE:
PUBLIC HEARING
.1: Public hearina to receive comments on the Secondary Roads
System Six-Year Construction Plan for fiscal years 2006-2012 and
the allocation of secondary road funds for fiscal year 2006-2007.
(Anthonv Ford. Transportation Enaineerina Manaaer)
(a) Approval of resolution for the Secondary Roads System Six-
Year Improvement Plan for fiscal years 2006-2012 and the
allocation of secondary road funds for fiscal year 2006-2007
R-012406-9
Mr. Ford reported that the purpose of this agenda item is to receive public
comments on this year's six-year secondary road improvement plan and also to have
the Board adopt a resolution approving the allocation for the current fiscal year. He
noted that the Board approved the six-year improvement plan for primary and interstate
roads in September 2005, and this item is strictly for discussion of the secondary roads
which have route numbers of 600 or greater. Mr. Ford advised that the plan before the
Board of Supervisors was initially presented in a work session held on December 20,
52
January 24, 2006
2005. At that time, County and VDOT staff explained the funding allocations for the
next six years and the distribution of the upcoming fiscal year's allocations. He stated
that $3.08 million was allocated between the two funding categories that are part of the
plan, and he advised that there has been a change since the work session was held.
He indicated that staff has included an allocation of $50,000 in the traffic calming line
item under incidental construction items in the event that such a project would arise
during the next year. The $50,000 allocation resulted in minor changes to
accommodate this funding. Mr. Ford reported that the numbered projects receiving
funding for the upcoming fiscal year include: Hollins Road; McVitty Road; Old Cave
Spring Road; Colonial Avenue; Buck Mountain Road; Cotton Hill Road; Mountain View
Road; Boones Chapel Road; Catawba Creek Road; Dry Hollow Road; Merriman Road;
John Richardson Road; and Rocky Road
Mr. Ford reported that the total allocation from the state for this year for
secondary roads increased by approximately $360,000, and the total for the upcoming
fiscal year is approximately $3.08 million. With respect to the rural addition program,
Mr. Ford noted that there is no allocation from the state for this program. He advised
that this is due to the fact that VDOT notified the County that as of January 1, 2006, we
are no longer eligible to finance rural addition improvement costs under the state's
provisions. He advised that this change in procedure is due to enforcement of existing
statutes in the Code of Virginia, and followed General Assembly action and an opinion
from the Office of the Attorney General. He indicated that Roanoke County requested
January 24, 2006
53
an additional extension in order to work through some of these issues, but were notified
by VDOT that an extension would not be granted.
Supervisor Altizer noted that there are currently funds in this account that
have been committed from the state. He inquired about the status of these funds. Jeff
Echols, VDOT Resident Engineer, advised that the existing balance in the account will
be shifted to other active projects within Roanoke County's secondary road system.
Supervisor Altizer further questioned who will determine the allocation of funding and to
which project the funds will be shifted. Mr. Echols advised that VDOT will allocate the
funds, but noted that they are receptive to receiving input from the locality regarding
specific projects they would like to receive the additional funding. Supervisor Altizer
inquired if it would be best if this input were provided to VDOT as soon as possible. Mr.
Echols responded in the affirmative. Mr. Ford noted that there has been discussion
regarding the possibility of holding these funds for approximately 60 days to determine if
any changes will occur during the 2006 session of the Virginia General Assembly. In
response to a further inquiry from Supervisor Altizer, Mr. Echols advised that it would
not be a problem to hold these funds in the account for that period of time to determine
if there would be any subsequent action by the General Assembly.
Supervisor McNamara stated that Roanoke County has needs with
respect to roads, but noted that we are better off than many other localities. He stated
that it is his opinion that the VDOT Salem District Office does their best to assist us, and
he also complimented Mr. Ford for his efforts.
54
January 24, 2006
Supervisor Church thanked Mr. Echols for his efforts on behalf of Roanoke
County.
The following citizen spoke regarding this item:
Ms. Gloria Christen, 5123 Spring lawn Avenue, stated that she IS
requesting that the allocation of secondary road funds include improvements to
Springlawn Avenue. She stated that nearly 1000/0 of the residents in that area
presented a petition to the Board in November 2005 requesting that the road be closed
to through traffic. She noted concerns about increasing traffic volumes and speeding in
the area.
Supervisor Flora noted that to accomplish the objective mentioned by Ms.
Christen does not require adding this project to the six-year road plan since the funding
will not come from the secondary road program. Mr. Ford advised that he will address
the Springlawn Avenue concerns in the next agenda item which deals with the revenue
sharing program.
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES:
Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS:
None
RESOLUTION 012406-9 REQUESTING APPROVAL AND ADOPTION
OF THE SECONDARY ROADS SYSTEM SIX-YEAR IMPROVEMENT
PLAN FOR FISCAL YEAR 2006-2012 AND APPROVAL OF THE
ALLOCATION OF SECONDARY ROAD FUNDS FOR FISCAL YEAR
2006-2007
January 24, 2006
55
WHEREAS, a public hearing was held on January 24, 2006 to receive comments
for the adoption of the Roanoke County Secondary Roads System Six-Year
Improvement Plan for fiscal years 2006-2012 and the adoption of the secondary road
funding for fiscal year 2006-2007; and
WHEREAS, the Board of Supervisors does hereby approve the adoption of the
Roanoke County Secondary Roads System Six-year Improvement Plan for fiscal years
2006-2012 and the allocation of secondary road funds for fiscal year 2006-2007.
NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly
attested to be forthwith forwarded to the Virginia Department of Transportation Salem
Residency Office along with a duly attested copy of the proposed Roanoke County
Secondary Roads System Six-Year Improvement Plan for fiscal years 2006-2012 by the
Clerk to the Board.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
(b) Approval of proiects for fiscal year 2006-2007 Virainia
Department of Transportation (V DOT) Revenue Sharina
Proaram
A-012406-10
Mr. Ford advised that in the past, the Commonwealth of Virginia provided
$15 million for the revenue sharing matching program and limited localities to $500,000
each. For the 2005-2006 fiscal year, the program was increased to $50 million, the
maximum state participation was increased from $500,000 to $1 million per locality, and
cities and towns were allowed the option to participate in the program. The General
Assembly has not yet approved legislative action required to match last year's allocation
of funds for the fiscal year 2006-2007 program. Mr. Ford stated that it appears that they
will be approving that allocation again this year, and the revenue sharing list has been
56
January 24, 2006
prepared with the assumption that the full $1 million match will be granted. In addition,
consideration was also given to what would occur if the General Assembly does not
approve the full allocation and how to allocate the $500,000 using the prioritized list that
has already been prepared. He reported that this year's list of revenue sharing projects
was presented to the Board at a work session held on December 20, 2005, and he
advised that there is a change in the information that was presented at that time.
Mr. Ford reported that following the December meeting with VDOT and
receipt of the petition from citizens in the area of Springlawn Avenue, there was
discussion regarding what steps would be necessary to accomplish these changes. He
advised that one of the options considered was to construct a cul-de-sac or turnaround
on Springlawn Avenue that would essentially close the road to through traffic. He stated
that staff's goal was to allow funding in the revenue sharing plan in the current year to
fund these requested changes. He advised that to accommodate this funding, $50,000
was removed from the Mount Pleasant Boulevard project and re-allocated to the
Springlawn Avenue project. He noted that this consists of a $25,000 County match and
a $25,000 VDOT match. He advised that this should not adversely affect the Mount
Pleasant Boulevard project because the project is so vast in scope that removal of this
level of funding will not have a significant impact. Mr. Ford advised that the Springlawn
Avenue project has been included in the revenue sharing list that is before the Board for
approval tonight.
January 24, 2006
57
Mr. Ford referenced page 3 on the revenue sharing list and advised that if
the General Assembly only allocates $500,000 to Roanoke County rather than the $1
million requested, all projects above the double line will be included. Any projects below
the double line will hopefully be funded in the next fiscal year. He further requested that
the Board move the Springlawn Avenue project, currently listed as Priority #26, up to
Priority #20. This would ensure that if the General Assembly only provides funding of
$500,000, this project will still be included in the plan. There was a consensus of the
Board to make this change.
The following citizen spoke regarding this item:
Dennis T. Barbour, 5239 Springlawn Avenue, stated that funding for the
Springlawn Avenue project is needed and will help protect the children in the area. He
stated that he would appreciate the Board's assistance in this matter.
There was no discussion on this item.
Supervisor Wray moved to approve the staff recommendation (approve
the project list and authorize the County Administrator to sign the letter of intent and
defer appropriation of the funds ($1,000,000) until July 1, 2006). The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
58
January 24, 2006
IN RE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1: Continued until Februarv 28. 2006. at the reauest of the PlanninQ
Commission. Second readina of an ordinance to rezone 1.14
acres from C-2C. General Commercial District with conditions. to
C-2. General Commercial District. for the operation of ª medical
office located at 5296 Peters Creek Road. Catawba Maaisterial
District. upon the petition of Vistar Eye Center. (Janet Scheid.
Chief Planner)
Chairman Wray advised that this item has been continued until February
28, 2006, at the request of the Planning Commission.
2. Continued until February 28. 2006. at the reauest of the PlanninQ
Commission. Second readina of an ordinance to rezone 8.92
acres from C-2S. General Commercial District with special use
permit. to R-3. Medium Density Multi-Familv Residential District.
for the construction of ª townhouse development located at 7656
Williamson Road. Hollins Maaisterial District. upon the petition of
Eric Eanes and Todd Conner. (Janet Scheid. Chief Planner
Chairman Wray advised that this item has been continued until February
28, 2006, at the request of the Planning Commission.
January 24, 2006
59
3. Continued until Februarv 28. 2006. at the reauest of the petitioner.
Second readina of an ordinance to rezone 1.3014 acres from C-1.
Office District. and .0786 acres from C2C. General Commercial
District with conditions. to C-2C. General Commercial District with
conditions. and to obtain ª special use permit for the construction
of ª fast food restaurant with drive-thru located at 3814
Challenaer Avenue. Hollins Maaisterial District. upon the petition
of Grant Avenue Development. Inc. (Janet Scheid. Chief Planner)
Chairman Wray advised that this item has been continued until February
28,2006, at the request of the petitioner.
4. Second readina of an ordinance to rezone 3.564 acres from R-3C.
Medium Density Multi-Familv Residential District with conditions.
to C-2. General Commercial District. and to obtain ª special use
permit for the construction of ª life care facility located at 6509
Carefree Lane and 6920 Williamson Road. Hollins Maaisterial
District. upon the petition of Friendship Manor Apartment Villaae
Corporation. (Janet Scheid. Chief Planner)
0-012406-11
Ms. Scheid stated that this is the request of Friendship Manor Apartment
Village Corporation to rezone and obtain a special use permit (SUP) in order to
construct a life care facility, which is defined as a residential facility primarily for the
60
January 24, 2006
continuing care of the elderly providing for transitional housing progressing from
independent living in various dwelling units, with or without kitchen facilities, and
culminating in nursing home care. She stated that the petition is unique in that the
facility is already present and the petitioner is trying to bring the facility into conformity
with the current zoning ordinance which requires C-2 zoning and a SUP. She noted
that at the time the building was constructed, it was allowable in the R-3 zoning district
that currently exists. She indicated that this is a housekeeping matter and noted that
the petitioner was present to answer any questions. She advised that the Planning
Commission recommended approval of the petitioner's request for rezoning from R-3C
to C-2 and approval of a SUP for the life care facility. Ms. Scheid reported that the two
parcels to be rezoned contain a portion of the existing assisted living facility, and no
changes will be made to the existing facility or on the property. The proposed rezoning
and SUP would remove the existing non-conforming use of such property. She
indicated that the Planning Commission recommended approval of the request with a
vote of 5-0.
Compton M. Biddle, Attorney with Osterhoudt, Prillaman, Natt, Helscher,
Yost, Maxwell, & Ferguson, PLC, advised that he was present as counsel on behalf of
the petitioner. He noted that Mr. Natt filed the petition on behalf of the petitioner but
was unable to attend the meeting tonight.
There were no citizens present to speak on this matter.
January 24, 2006
61
Supervisor Flora stated that as Ms. Scheid had advised, this is a
housekeeping matter and this property has been used for the same purpose for many
years. He advised that the structure is already in place and nothing new is being
proposed; therefore, the change in use will not have an impact on the surrounding area.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS:
None
ORDINANCE 012406-10 TO REZONE 3.564 ACRES FROM R-3C,
MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT WITH
CONDITIONS, TO C-2, GENERAL COMMERCIAL DISTRICT, AND TO
OBTAIN A SPECIAL USE PERMIT FOR THE CONSTRUCTION OF A
LIFE CARE FACILITY LOCATED AT 6509 CAREFREE LANE AND
6920 WILLIAMSON ROAD (PART OF TAX MAP NO. 27.17-4-13 AND
ALL OF TAX MAP NO. 27.14-2-7.03), HOLLINS MAGISTERIAL
DISTRICT UPON THE APPLICATION OF FRIENDSHIP MANOR
APARTMENT VILLAGE CORPORATION
WHEREAS, the first reading of this ordinance was held on December 20, 2005,
and the second reading and public hearing were held on January 24, 2006; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on January 3, 2006; 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
3.564 acres, as described herein, and located at 6509 Carefree Lane and 6920
Williamson Road (Part of Tax Map Number 27.17-4-13 and all of Tax Map No. 27.14-2-
7.03) in the Hollins Magisterial District, is hereby changed from the zoning classification
of R-3C, Medium Density Multi-Family Residential District with Conditions, to the zoning
classification of C-2, General Commercial District.
62
January 24, 2006
2. That this action is taken upon the application of Friendship Manor
Apartment Village Corporation.
3. That the Board finds that the granting of a special use permit to Friendship
Manor Apartment Village Corporation to construct a Life Care Facility to be located at
6509 Carefree Lane and 6920 Williamson Road in the Hollins Magisterial District is
substantially in accord with the adopted 2000 Community Plan, as amended, pursuant
to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and
said special use permit is hereby approved.
4. That said real estate is more fully described as follows:
Beginning at Corner #1, said point located on the easterly boundary of property
of JGM Partnership (PB 13, Pg. 82), said point also located on the southerly
boundary of Tract C, property of Peters Creek" Associates, LP (PB 16, Pg. 123);
thence leaving JGM and with Peters Creek " Associates, N. 49° 45' 19" E.
756.02 feet to Corner #2, said point being the southeasterly corner of Tract C,
said point also being the southwesterly corner of Tract 0 (PB 20, Pg. 131),
Peters Creek" Associates, LP; thence leaving Tract C and with Tract 0, N. 61 °
51' 54" E. 124.46 feet to Corner #3; thence continuing with Peters Creek"
Associates, LP, S. 40° 15' 01" E. 74.47 feet to Corner #4; thence leaving Peters
Creek II Associates, LP and with the property of Friendship Manor Village
Corporation, being the northerly boundary of Parcel 1, (PB 24, Pg. 68); thence S.
36° 34' 04" W. 417.10 feet to Corner #5; thence S. 33° 30' 06" W. 114.00 feet to
Corner #6; thence S. 36° 20' 06" W. 188.00 feet to Corner #7, said point located
on the property of Norman R. and Barbara D. Young; thence leaving Young and
with a zoning line through the property of Friendship Manor Apartment Village
Corporation, N. 79° 22' 20" W. 223.02 feet to Corner #8, said point being the
northeasterly corner of property of JGM Partnership; thence continuing with GM
Partnership, N. 61 ° 40' 30" W. 105.57 feet to Corner #1, the place of beginning,
containing 3.564 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 Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Altizer, Flora, Wray
NAYS: None
January 24, 2006
63
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Church: (1) He thanked Mr. Hodge and Mr. Mahoney for their
assistance in cleaning up an area in the Catawba District. (2) He complimented Chief
Ray Lavinder for the Police Department's response when he placed a call to the
Dispatch Center during a recent storm with high winds to advise them of a downed pole
that contained live wires. (3) He advised that he is receiving calls from citizens
regarding assessment notices and he encouraged residents to review the information
included in their notice which outlines the methods available for appealing the
assessment. He asked that citizens please be mindful of the dates for appeals. (4) He
advised Mr. Allen, a citizen who lives near the Craig County line and had inquired about
receiving APCo service, that this issue must be addressed by the State Corporation
Commission. (5) He advised David in the Hanging Rock area that Mr. Mahoney will be
providing him with a condensed version of the County's open burning ordinance. (6) He
advised Mr. Covey and Mr. Richardson that there are debris and water situations at
Andrew Lewis Place that need to be addressed.
Supervisor Wrav: (1) He reminded citizens that a VDOT design public
hearing will be held on Thursday, January 26 from 5:00 p.m. until 7:00 p.m. at the
Roanoke County Administration Center, Board Meeting Room, regarding the
realignment of Old Cave Spring Road and McVitty Road. (2) He thanked the Sheriff's
Office for their efforts with respect to trash collection. (3) He thanked Mr. Mahoney and
Officer Rick Crosier for their attendance at the recent Clearbrook Civic League meeting.
64
January 24, 2006
IN RE:
ADJOURNMENT
Chairman Wray adjourned the meeting at 8:13 p.m. until Tuesday,
February 14 at 12:00 noon for the purpose of a joint meeting with Roanoke City Council
and the Roanoke Valley Resource Authority, 5204 Bernard Drive, 4th Floor Training
Room, Roanoke, Virginia.
Submitted by:
Approved by:
K)¡~d ,~~ (14m
Diane S. Childers, MC
Clerk to the Board
, ~
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Michael A. Wray
Chairman