HomeMy WebLinkAbout1/22/2008 - Regular
January 22, 2008
31
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
January 22,2008
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 2008.
INRE:
CALL TO ORDER
Chairman Flora called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W.
Altizer, Supervisors Joseph B. "Butch" Church, Joseph P.
McNamara, Charlotte A. Moore
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; Mary V. Brandt, Assistant Deputy Clerk to the
Board; Teresa Hamilton Hall, Public Information Officer
INRE:
OPENING CEREMONIES
The invocation was given by Pastor Joe Hedrick. The Pledge of
Allegiance was recited by all present.
32
January 22, 2008
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney requested a closed meeting pursuant to Code of Virginia
Section 2.2-3711 A (7) consultation with legal counsel regarding specific legal matters
requiring the provision of legal advice by such counsel; namely, obligation to pay utility
relocation costs of the City of Roanoke and the Western Virginia Water Authority.
It was the consensus of the Board to add the closed meeting.
Mr. Hodge requested a postponement of Item H-4 (second reading of an
ordinance authorizing the exercise of an option to acquire approximately 11.097 acres
of real estate from English Construction, Inc., for the proposed multi-generational
recreation center and to authorize the conveyance of approximately one acre to English
Construction, Inc., for road widening purposes). He reported that the documentation
was not complete due to recent economic developments.
It was the consensus of the Board to delay the matter until the February
26,2008, Board meeting.
Supervisor Church requested a closed meeting for members of the Board
only pursuant to the Code of Virginia Section 2.2-3711 (A) (1) discussion or
consideration of the employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers.
IN RE:
It was the consensus of the Board to add the closed meeting.
January 22,2008
33
BRIEFINGS
1. Briefina from Roanoke Vallev Convention and Visitors Bureau.
(David Kiolhede. Executive Director)
Mr. Kjolhede advised that Neal Odrway, President of the Bureau's Board
of Directors was present and that Elmer Hodge, County Administrator; and Pete Haislip,
Director of Parks, Recreation, and Tourism also serve on the Bureau's Board. He
INRE:
thanked the Board for its past support of the Bureau's activities.
Mr. Kjolhede stated that based on the most recent figures from the Virginia
Tourism Corporation, the tourism industry has generated $600 million per year in
revenue for the Roanoke Valley and generated over 7,400 jobs. He stated that in the
past 10 years, tourism in the Valley has had an annual growth rate of 7.4 percent.
Mr. Kjolhede advised that Roanoke County experienced $124 million in annual
spending from tourism in the past year which supported over 1,500 jobs. He added that
the County's annual growth rate is 8.1 percent. In comparison, the State's annual
growth rate is 6.8 percent. He stated that the Bureau's activities were responsible for
approximately 12 percent of this income. He added that the Bureau was indirectly
responsible for generating approximately 8 percent in additional revenue which was not
included since it could not be specifically tracked. Mr. Kjolhede distributed copies of the
Bureau's annual report for fiscal year 2006/2007. He advised that the report provides a
more detailed breakdown of the Bureaus activities.
34
January 22,2008
Mr. Kjolhede advised that tourism in the Valley is comprised of four major
areas: (1) meetings and conventions; (2) professional travel; (3) leisure travel; and
(4) sports marketing. He reported that sports marketing is the fastest growing segment
of the tourism industry. He stated that more communities are becoming involved in
sports marketing by building sports facilities. He noted that the Valley will host five
national events plus regional activities and tournaments in 2008 in addition to events
hosted by the City of Salem and other organizations in the Valley. Mr. Kjolhede
reported that these types of sporting events bring in a return of $3 to $5 million on
investment and have a positive trickled own effect on the local economy. Mr. Kjolhede
advised that Mr. Haislip and the County Parks and Recreation Department have been
very helpful bringing events to the Valley such as the US BG Challenge held in the
Roanoke area in 2006.
Mr. Kjolhede stated that the Bureau plans to focus on youth sports
because these events are typically five to seven days long and the athletes are often
accompanied by their families thereby generating additional revenue. Mr. Kjolhede
stated that the multigenerational recreation center the County plans to construct will
provide another venue the Bureau can include in its sports marketing efforts. He added
that funds spent on sports marketing bring a return of $55 for every dollar spent.
Mr. Kjolhede reported that the Roanoke Valley is a drive market since
approximately 90 to 95 percent of those visiting the Valley come by car. He advised
that the rising price of gasoline is a concern and that the Bureau's marketing efforts will
January 22, 2008
35
focus on the advantages of travel to the Roanoke Valley. He noted that the Bureau has
received a $25,000 grant from the Virginia Tourism Corporation which it is matching
with $50,000 of its own funds to target the North Carolina market with an advertising
campaign. He added that new facilities in the area such as the art museum, the Explore
Park proposal, and the multigenerational recreation center will add to the arsenal of
amenities that the Bureau has to offer.
In response to a request from Supervisor Church, Mr. Kjolhede agreed to
provide within the next 30 days an estimate of the revenues that will be generated in
2008 by the Bureau's sports marketing program.
Supervisor McNamara stated that tourism generates good revenue and
that sports marketing efforts need to be aggressive to allow the Valley to stay
competitive since many localities are now competing for sporting events
Supervisor Altizer noted that while the Explore Park proposal has the
potential to generate stays of two or three days, other area attractions will encourage
longer stays. He stated that the mutigenerational recreation center will be a great asset
to the County's sports marketing program. He added that he is excited about the
opportunities for tourism that will develop in the next few years and that the County
needs to be prepared.
36
January 22,2008
INRE:
NEW BUSINESS
.1:. Reauest to appropriate J33,750 as ! arant to the Western Virainia
Water Authoritv to offset the cost of the Andrew Lewis Place
sanitary sewer extension proiect. (Elmer Hodae, County
Administrator)
A-012208-1
Mr. Hodge advised that this item is a result of the Board's action in
December 2007 accepting and appropriating a grant to provide sewer service to the
Andrew Lewis Place neighborhood. He stated that an aO-percent participation rate was
a requirement of the grant, and this rate has been exceeded. He advised that the
number of households required was 32 and 37 households have signed up. He added
that this number is expected to increase as the deadline for participation approaches.
Mr. Hodge advised that staff had planned to request that the Board
approve a matching grant of $25,000 to help defray the cost to the citizen's participating
in the project; however, due to the greater than anticipated participation rate, staff is
requesting that $33,500 be appropriated to the Western Virginia Water Authority.
Supervisor Church thanked the Water Authority's directors and staff for
their work on the project. He stated that this was an older neighborhood and many of
the residents were on fixed incomes and would not be able to participate otherwise.
Supervisor Church moved to approve the staff recommendation
(appropriate $33,750 from the public works project reserve as a grant to the Western
January 22, 2008
37
Virginia Water Authority to offset the cost of the Andrew Lewis Place Sanitary Sewer
Extension Project). The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Second readina of an ordinance authorizina conveyance of three
parcels of real estate to the Commonwealth of Virainia in
connection with road widenina improvements to Route 11/460,
Catawba Maaisterial District. (Paul Mahoney, County Attorney)
0-012208-2
Mr. Mahoney advised that this is the second reading of this ordinance. He
reported that there were two changes in this item since the first reading. He stated that
the second page of the Board report addresses the potential impact on Fort Lewis Fire
Station as a result of the road widening project and paragraph three on the second page
of the ordinance allocates the proceeds from the transaction to Library Services for
renovations to Glenvar Library, to the Fire and Rescue Department for repairs to the
Fort Lewis Fire Station, and to the School Board for improvements to Fort Lewis
Elementary.
Supervisor Church inquired what would be the effect of vehicles entering
and exiting the fire station on Daugherty Road as a result of the project. Mr. Mahoney
reported that staff will work with the Virginia Department of Transportation on the
38
January 22, 2008
necessary operational changes to ensure those changes are safe and effective. He
added that in addition to installing the Opticom device on the traffic signal at that
intersection, signage will be installed to keep traffic from stacking and blocking the fire
station's rear entrance.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 012208-2 AUTHORIZING CONVEYANCE OF THREE
PARCELS OF REAL ESTATE TO THE COMMONWEALTH OF
VIRGINIA IN CONNECTION WITH ROAD WIDENING IMPROVEMENTS
TO ROUTE 11/460, CATAWBA MAGISTERIAL DISTRICT
WHEREAS, the Commonwealth of Virginia Department of Transportation has
undertaken the widening of a section of Route 11/460 in Roanoke County located in the
Catawba Magisterial District; and
WHEREAS, the widening of Route 11/460 requires the acquisition of parcels of
real estate from the adjacent property owners to provide adequate width for the road
project; and
WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading of this ordinance was held on January 8, 2008; and a
second reading was held on January 22, 2008.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject parcels are hereby declared surplus and are being made
available for other public uses by conveyance to the Commonwealth of Virginia for the
road widening project involving Route 11/460; and
2. That conveyance of the following properties for the following
considerations to the Commonwealth of Virginia is hereby authorized and approved:
January 22, 2008
39
0.195 acre
0.481 acre
0.08 acre
55.13-1-2
55.13-1-2.2
55.02-1-39.1
$45,300
$80,414
$9,600
3. The Board allocates and appropriates $80,414 to the Glenvar Library
renovation project, $45,300 to the Fire and Rescue Department for repairs and
renovations (update kitchen and bay heat) to Fort Lewis Fire Station, and $9,600 to the
Roanoke County School Board.
4. That the County Administrator or any assistant county administrator is
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County as are necessary to accomplish this conveyance of property, all of
which shall be upon form approved by the County Attorney.
5. That this ordinance shall be effective on and from the date of its adoption
at second reading.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
2. Second readina of an ordinance authorizina and approvina
execution of ! renewal lease aareement with Cisco Systems. Inc.
for office space in the Salem Bank & Trust Buildina at 220 East
Main Street. Salem. Virainia. owned Irl the Board of Supervisors
of Roanoke County. Virainia. (Anne Marie Green. Director of
General Services)
0-012208-3
Ms. Green advised this ordinance is to renew the lease with Cisco
Systems, Inc., at Salem Bank and Trust for office space and rooftop space for their
antenna. She further advised that there have been no changes since first reading of the
ordinance and asked if the Board had any questions.
40
January 22, 2008
There was no discussion on this item.
Supervisor Flora moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 012208-3 AUTHORIZING AND APPROVING EXECUTION
OF A FIRST AMENDMENT TO LEASE AGREEMENT AND
TELECOMMUNICATION ADDENDUM WITH CISCO SYSTEMS, INC.,
FOR OFFICE SPACE IN THE SALEM BANK & TRUST BUILDING AT
220 EAST MAIN STREET, SALEM, VIRGINIA, OWNED BY THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner
of several parcels of land, containing 0.68 acres, located at 220 East Main Street in the
City of Salem, Virginia, and designated on the Salem Land Records as Tax Map #106-
13-6, #106-13-2, and #106-13-1, and commonly referred to as the Salem Bank and
Trust Building; and
WHEREAS, said property was purchased on May 15, 2001, subject to leases
with the County of Roanoke to provide office space for the Department of Social
Services and Blue Ridge Behavioral Health Care on the third, fourth, and fifth floors of
the building and subject to a number of commercial leases for the first and second floors
of the building and the rooftop for antenna space; and
WHEREAS, the County leased the property to the Roanoke County Industrial
Development Authority for the issuance of bonds to finance the purchase, and the
property was leased back to the County for operation of the premises and generation of
the revenue through the existing leases for payment of the debt service on the bonds;
and
WHEREAS, by Lease Agreement and a Telecommunication Addendum attached
thereto, dated the first day of March 2006, the County entered into a lease with Cisco
Systems, Inc., a California corporation, for a term of two years for 1,400 square feet of
office space in Suite 200 on the second floor of the building and for placement and use
of a WHIP antenna and an 18" satellite dish on the rooftop of this building; and
WHEREAS, Cisco Systems, Inc. has negotiated with staff to continue leasing the
premises for a period of three years from March 1, 2008, at a rental of $1,529.55 per
month for the second floor office space and $206 per month for the rooftop antenna
space for the first year of the new lease term and to be increased by three percent (3%)
for each succeeding year; and
January 22, 2008
41
WHEREAS, it would serve the public interest to continue leasing the premises to
Cisco Systems, Inc. in order to have the office space occupied and maintained and to
generate revenue to be applied to meeting the bond obligations; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on January 8,
2008, and the second reading was held on January 22, 2008.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That lease of 1,400 square feet of office space in Suite 200, as shown on
attached Exhibit "A", and rooftop space for a WHIP antenna and an 18" satellite dish on
a 4' X 4' pad, as shown on attached Exhibit "B", at the Salem Bank and Trust Building,
located at 220 East Main Street, Salem, Virginia, to Cisco Systems, Inc. for a period of
three years at an annual rental of $18,354.60, payable monthly in the amount of
$1,529.55, for office space and monthly rental of $206 for rooftop space, commencing
as of March 1, 2008, and ending on February 28, 2009, an annual rental of $18,905.24,
payable monthly in the amount of $1,575.44, for office space and monthly rental of
$212.18 for rooftop space, commencing as of March 1, 2009, and ending on February
28, 2010, and an annual rental of $19,472.40, payable monthly in the amount of
$1,622.70, for office space and monthly rental of $218.55 for rooftop space,
commencing as of March 1, 2010, and ending on February 28, 2011, with the option for
Cisco Systems, Inc. to cancel said lease after each lease year upon ninety (90) days
written notice to the County, is hereby authorized and approved.
2. That the County Administrator or an Assistant County Administrator is
hereby authorized to execute a lease agreement on behalf of the Board of Supervisors
of Roanoke County and to execute such other documents and take such further 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.
3. That the funds generated by this lease shall be placed in the Salem Bank
and Trust Building revenue account.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
42
January 22, 2008
3. Second readina of !!l ordinance approvina the second
amendment to the rooftop lease with Virainia PCS Alliance. L.C..
d/b/a nTelos at 220 East Main Street. Salem. Virainia. (Anne Marie
Green. Director of General Services)
0-012208-4
Ms. Green advised that this is the second amendment to a rooftop lease in
order for nTelos to pay the County for its utilities. She reported that nTelos will pay for
the utilities on an actual basis. Ms. Green added that there are no changes in the
ordinance since the first reading and asked if there were any questions.
There was no discussion on this item.
Supervisor Flora moved to adopt the ordinance. The motion carried by the
following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 012208-4 AUTHORIZING AND APPROVING EXECUTION
OF A SECOND AMENDMENT TO THE ROOFTOP LEASE WITH
VIRGINIA PCS ALLIANCE, L.C. FOR ANTENNA SPACE ON THE
SALEM BANK & TRUST BUILDING AT 220 EAST MAIN STREET,
SALEM, VIRGINIA, OWNED BY THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner
of several parcels of land, containing 0.68 acres, located at 220 East Main Street in the
City of Salem, Virginia, and designated on the Salem Land Records as Tax Map #106-
13-6, #106-13-2, and #106-13-1, and commonly referred to as the Salem Bank and
Trust Building; and
WHEREAS, said property was purchased on May 15, 2001, subject to leases
with the County of Roanoke to provide office space for the Department of Social
January 22, 2008
43
Services and Blue Ridge Behavioral Health Care on the third, fourth, and fifth floors of
the building and subject to a number of commercial leases for the first and second floors
of the building and the rooftop for antenna space; and
WHEREAS, the County leased the property to the Roanoke County Industrial
Development Authority for the issuance of bonds to finance the purchase, and the
property was leased back to the County for operation of the premises and generation of
the revenue, through the existing leases, for payment of the debt service on the bonds;
and
WHEREAS, by a Rooftop Lease Agreement, dated the first day of October 2000,
the County entered into a lease with Virginia PCS Alliance, L.C., d/b/a nTelos, hereafter
referred to as "VA PCS", for a term of five years, with the right of renewal for three (3)
additional five year terms, for placement and use of an antenna and related equipment
on the rooftop of this building, and said lease is still in effect; and
WHEREAS, County staff has negotiated with VA PCS to provided for quarterly
billing by Roanoke County to VA PCS for all electricity, telephone services, and all other
services and utilities supplied to the premises rented to VA PCS and for separated
electricity metering for VA PCS's premises; and
WHEREAS, it would serve the public interest to continue leasing the premises to
VA PCS in order to generate revenue to be applied to meeting the bond obligations; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on January 8,
2008, and the second reading was held on January 22, 2008.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1 . That the Second Amendment to the Rooftop Lease between the Board of
Supervisors of Roanoke County, Virginia, successor in interest to East Main Properties,
L.L.C, and Virginia PCS Alliance, L.C., d/b/a nTelos, ("VA PCS") providing for quarterly
invoicing to, and payment by VA PCS for the cost of electricity consumed by VA PCS at
its leased premises at 220 East Main Street, Salem, Virginia, commencing September
18,2007, is hereby authorized and approved.
2. That the one-time payment by VA PCS for electricity consumed by VA PCS
that exceeds the One Hundred Ten and No/100 Dollars ($110) per month previously
paid to Roanoke County by VA PCS for the period from February 1, 2007, through
September 17, 2007, is hereby authorized and approved.
3. That the County Administrator or an Assistant County Administrator is
hereby authorized to execute a lease agreement on behalf of the Board of Supervisors
of Roanoke County and to execute such other documents and take such further 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.
4. That the funds generated by this lease shall be placed in the Salem Bank
and Trust Building revenue account.
44
January 22, 2008
5. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
4. Second readina of an ordinance authorizina the exercise of the
option to aCQuire approximately 11.097 acres of real estate from
Enalish Construction. Inc. for the proposed multi-aenerational
recreation center and to authorize the conveyance of
approximately 1 acre identified as Tax Map Parcel Number 37.07-
1-5.1 to Enalish Construction. Inc. for road widenina purposes.
(Paul Mahoney. County Attorney)
It was the consensus of the Board to postpone this matter until the
February 26, 2008, Board meeting at the request of staff.
IN RE:
APPOINTMENTS
1. Buildina Code Board of Adiustments and Appeals (Fire Code
Board of Appeals)
It was the consensus of the Board to add confirmation of Mr. Darnall's
reappointment to the Consent Agenda.
January 22, 2008
45
IN RE:
CONSENT AGENDA
R-012208-5, R-012208-5.a
Supervisor Altizer moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
RESOLUTION 012208-5 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:
That the certain section of the agenda of the Board of Supervisors for January
22, 2008 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 5 inclusive, as follows:
1. Approval of minutes-August 22, 2007
2. Resolution of appreciation to Bettye Gwinn, Real Estate Valuation, upon her
retirement after six years of service
3. Request from the Fire and Rescue Department to accept and appropriate a
$2,700 training mini grant from the Virginia Department of Fire Programs for
the purchase of computers for the Roanoke Valley Regional Training Center
4. Request from the Sheriff's Office to accept and appropriate a federal grant in
the amount of $109,294 from the Department of Criminal Justice Services
under the Criminal Justice Record System Improvement Program for records
management system upgrades
5. Confirmation of committee appointment
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.
46
January 22, 2008
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
RESOLUTION 012208-5.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO BETTYE
GWINN, REAL ESTATE VALUATION, UPON HER RETIREMENT
AFTER SIX YEARS OF SERVICE
WHEREAS, Bettye Gwinn was employed by Roanoke County on May 14, 2001,
as an appraiser in the Real Estate Valuation Department and continued in this position
until her retirement; and
WHEREAS, Ms. Gwinn retired from Roanoke County on December 1,2007, after
six years and six months of service to begin a new chapter in her life; and
WHEREAS, Ms. Gwinn will be remembered for her ability to work with the staff
within the Real Estate Valuation Office and with other Roanoke County Departments
concerning any aspect of real estate valuation; and
WHEREAS, Ms. Gwinn always looked forward with joy to evaluating new
construction projects and determining how each project would measure up in the market
place; and
WHEREAS, Ms. Gwinn truly enjoyed meeting with builders, construction
superintendents, and citizens while construction was ongoing within these new projects
and her appraisal knowledge and her ability to work with people was an asset for
Roanoke County; and
WHEREAS, Ms. Gwinn was a member of the Virginia Association of Assessing
Officers and other organizations that provide services within the community; and
WHEREAS, Ms. Gwinn, through her employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to BETTYE GWINN for more than six 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 Moore, Church, Altizer, McNamara, Flora
NAYS: None
January 22, 2008
47
IN RE:
REPORTS
Supervisor McNamara moved to receive and file the following reports.
The motion carried by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
1:. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Continaencv
4. Accounts Paid = December 2007
5. Statement of expenditures and estimated and actual revenues for
the month ended December 31. 2007
6. Report of claims activity for the self-insurance proaram for the
period ended December 31.2007
IN RE:
CLOSED MEETING
At 4:10p.m., Supervisor Flora moved to go into closed meeting pursuant
to the Code of Virginia Section 2.2-3711 (A) (1) discussion or consideration of the
employment, assignment, appointment, promotion, performance, demotion, salaries,
disciplining or resignation of specific public officers; Section 2.2-3711 A (7) consultation
with legal counsel regarding specific legal matters requiring the provision of legal advice
by such counsel; namely, obligation to pay utility relocation costs of the City of Roanoke
and the Western Virginia Water Authority; and Section 2.2-3711 (A) (1) discussion or
consideration of the employment, assignment, appointment, promotion, performance,
48
January 22, 2008
demotion, salaries, disciplining or resignation of specific public officers for members of
the Board only. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE: RECESS
The closed meeting was declared in recess at 6:30 p.m.
INRE:
WORK SESSIONS
The work session was canceled by a consensus of the Board due to the
length of the closed meeting.
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
.L Recoanition of Korean student deleaation and presentation of
Certificates of Honorary Citizenship
Chairman Flora presented certificates of honorary citizenship and gifts to
the students and their translator. Also present were Linda Harrison and Sandra Lyle
with the Sister Cities Program.
IN RE:
NEW BUSINESS
.L Appointments to the Roanoke ValleY-Alleahany Reaional
Comprehensive Economic Development Strateay Committee.
(Elmer Hodae, County Administrator)
A-012208-6
There was no discussion on this item.
January 22, 2008
49
Supervisor Flora moved to approve the following appointments: Rob
Erdman and Becky Walter as the citizen representatives and Joseph McNamara as the
elected official. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1:. WITHDRAWN AT THE REQUEST OF THE PETITIONER. Second
readinQ of an ordinance to rezone 0.92 ~ from AG-1.
AQricultural/Rural Low Densitv District. to AV. AQriculturalNillaQe
Center District. to construct! Fine Arts Studio business located
at 2222 Wildwood Road. Catawba MaQisterial District. upon the
petition of James Privitera
Chairman Flora advised that this item has been withdrawn at the request
of the petitioner.
2. CONTINUED AT THE REQUEST OF THE PLANNING COMMISSION
TO FEBRUARY 26. 2008. Second readinQ of an ordinance to
rezone 0.943 acre from R-2. Medium Densitv Residential District.
to C-2. General Commercial District. and to obtain ! Special Use
Permit for ! drive-in and fast food restaurant located at 7515
Friendship Lane. Hollins MaQisterial District. upon the petition of
Grant Avenue Development.
50
January 22, 2008
Chairman Flora advised that this petition has been continued at the
request of the Planning Commission until the February 26, 2008, Board meeting
3. Second readina of .!.!1 ordinance to obtain !! Special Use Permit in
an R-1. Low Densitv Residential District. to construct .!.!1
accessory apartment on 4.36 acres located at 6678 Wellinaton
Road. Windsor Hills Maaisterial District. upon the petition of
Matthew A. Lester. (Philip Thompson. Deputv Director of
Plannina)
0-012208-7
Mr. Thompson advised that Matthew A. Lester is requesting a special use
permit to construct an accessory apartment within an attached garage currently under
construction at his residence. He stated that the proposed apartment would be 988
square feet and the layout of the apartment would contain two bedrooms, a walk-in
closet, one bathroom, a living area, and a kitchen. He added that Mr. Lester's father-in-
law will occupy the apartment.
Mr. Thompson reported that the adjoining properties to the north, east,
south, and west are zoned R-1, Low Density Residential and that the land use is single
family homes. Mr. Thompson advised that the site is designated rural village in the
2005 Community Plan. He reported that the proposal is consistent with the policies and
guidelines of the Community Plan and the zoning ordinance.
January 22, 2008
51
Mr. Thompson advised that the Planning Commission held a public hearing
on January 2, 2008, and that there were no citizens to speak regarding the petition. He
reported that the Planning Commissioners had questions concerning the occupants of
the accessory apartment, the location of the garage on the property, and the proposed
layout of the accessory apartment. He stated that the Planning Commission
recommended approval of the special use permit by a vote of five to zero.
Mr. Thompson advised that the petitioner was present.
In response to Supervisor McNamara's inquiry, Mr. Mahoney advised that
the Board could impose conditions on a special use permit; the conditions do not have
to proffered by the applicant. However, he stated that from a legal stand point, this is a
land use issue; and it is irrelevant who occupies the apartment from a land use impact.
He added that it would be difficult to enforce a condition that stipulated who would
occupy the accessory apartment in the future. He recommended that the Board not add
such a condition for those reasons; though he noted that this has been done in other
jurisdictions in the past.
Supervisor McNamara advised that he did not wish to see the property
become rental property in the future. He stated he had hoped that if the petitioner
accepted such a condition, there would be recourse if problems developed in the future.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
52
January 22, 2008
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 012208-7 GRANTING A SPECIAL USE PERMIT TO
CONSTRUCT AN ACCESSORY APARTMENT ON 4.36 ACRES
LOCATED AT 6678 WELLINGTON ROAD (TAX MAP NO. 85.02-1-36)
WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF
MATTHEW A. LESTER
WHEREAS, Matthew A. Lester has filed a petition for a special use permit to
construct an accessory apartment to be located at 6678 Wellington Road (Tax Map No.
85.02-1-36) in the Windsor Hills Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
January 2, 2008; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on December 18, 2007; the second reading and public hearing
on this matter was held on January 22,2008.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Matthew
A. Lester to construct an accessory apartment to be located at 6678 Wellington Road in
the Windsor Hills Magisterial District is substantially in accord with the adopted 2005
Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the
1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact
on the surrounding neighborhood or community, and said special use permit is hereby
approved.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Mr. Robert Guiles, 6750 Blacksburg Road, advised that he was here
regarding comments made by one of the Supervisors during the October 23, 2007,
January 22, 2008
53
Board meeting. He stated that he felt that those comments were disrespectful to the
residents of the Catawba Valley. He advised that he hoped the Catawba Valley is
considered a desirable part of the County, and he requested that members of the Board
speak respectfully of Catawba and its residents in the future.
Supervisor Flora responded that the comments Mr. Guiles was referring to
were his and that he had meant no disrespect to the residents of Catawba. He stated
that the definition of "hinterland" is a rural area and that is how he meant it.
Supervisor Church noted that the gentleman at the October 23, 2007,
meeting whose comments Supervisor Flora had responded to had been neither
respectful nor neutral.
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Church: (1) He advised that he has received many calls
recently on various issues especially real estate assessments; however, due to a family
illness, he is a little behind returning calls. He stated that he will return all his calls as
soon as he is able. (2) He reported that there is a process in place for individuals who
feel that their real estate assessment is incorrect. He stated that the Virginia
Department of Taxation governs assessments while the Board sets the tax rate. He
added that his real estate assessment went up approximately 7 percent this year. (2) He
requested that Mr. Mahoney contact Eldon James, the County's legislative liaison, for
an update on revenue sharing and the state budget.
54
January 22, 2008
Supervisor Altizer: (1) He requested that Mr. Thompson notify Arnold
Covey, Director of Community Development, of construction debris being dumped near
a construction site off Halifax Circle. He asked that Mr. Covey address the matter and
report back. (2) He asked that VDOT be contacted for a status report on the stop sign
request for the intersection of Goodman and Cowman Road in the Mt. Pleasant area.
(3) He noted that a recent article in the Roanoke Times was correct in stating that
WVWA rates will increase approximately 4 percent in the County. He reported that this
was due in part to upgrades in the sewer system. He added that water and sewer rates
for the County and the City of Roanoke were scheduled to equalize in another year.
(4) He congratulated Supervisor Church on being selected to serve as Chairman the
year after next.
Supervisor Moore: (1) She advised that she would like to see a change in
the way committee appointments are made to make the process more open to the
public by adding a vetting system to allow citizen input. She requested that staff
research this issue. (2) She requested a work session to review the progress on the
Slate Hill Development. She reported that the citizens want to know the project's status.
Supervisor Flora: (1) He requested that the work session on Slate Hill be
scheduled for the next meeting to take advantage of the fact that representatives of
VDOT would be present on another matter. (2) He thanked Mr. Guiles for addressing
the Board this evening under Citizens Comments. He advised that he grew up in the
January 22, 2008
55
hinterlands of Hollins and that the remarks he made during the Board meeting of
October 23, 2007, were not intended to disparage the citizens of Catawba.
IN RE:
CLOSED MEETING
Chaiman Flora advised at 7:35 p.m. that the Board would reconvene the
closed meeting after which it would return to open session to certify the closed meeting
and adjourn.
IN RE:
CERTIFICATION RESOLUTION
R-012208-8
At 7:48 p.m., Supervisor McNamara moved to adopt the certification
resolution. The motion carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 012208-8 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.
56
January 22, 2008
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
ADJOURNMENT
Supervisor McNamara moved to adjourn the meeting at 7:49 p.m. The
motion carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
Mary \Ii. Brandt, CPS
Assis t Deputy Clerk to the Board
Approved by:
7~J. c ~___
Richard C. Flora
Chairman