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Home My WebLink About11/17/2009 - Regular Roanoke County Board of Supervisors Agenda November 17, 2009 NOTE: An Audit Committee meeting will be held at 2:00 p.m. in the Board of th Supervisors’ conference room on the 4 floor of the Roanoke County Administration Center. Good afternoon and welcome to our meeting for November 17, 2009. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Friday, (November 20) at 7:00 p.m. and on Sunday (November 22) at 4:00 p.m. Our meetings are now closed-captioned, so it is important that anyone addressing the Board speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. We respectfully request all electronic devices be turned off or silenced. Thank you. (3:00 p.m.) A. OPENING CEREMONIES 1. Roll Call 2. Invocation: Rabbi Kathy Cohen Temple Emanuel 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of the Lions Club District 24-E, Carilion Diabetes Management Program and Camp Roanoke for their outstanding partnership in support of "Camp Too Sweet” (Marcus Ordonez, Assistant Director of Recreation) Page 1 of 6 2. Presentation of Virginia Municipal League’s Certified Green Government Award (Anne Marie Green, Director of General Services) D. BRIEFING 1. Briefing on Green Ridge Recreation Center Progress (Daniel R. O’Donnell, Assistant County Administrator; Pete Haislip, Director of Parks Recreation and Tourism) E. PUBLIC HEARINGS 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2009-2010 budget in accordance with Section 15.2-2507, Code of Virginia (Brent Robertson, Director of Management and Budget) F. NEW BUSINESS 1. Resolution authorizing the County Administrator to enter into an agreement with Virginia Department of Transportation (VDOT) to locally administer the Merriman Road Roundabout Project (George W. Simpson III, P.E., County Engineer) 2. Resolution to accept Eagle Crest Drive and Piney Ridge Drive into the Virginia Department of Transportation (VDOT) Secondary Road System (Arnold Covey, Director of Community Development) 3. Appropriation of $15,250 from the Asset Forfeiture Account for a Site Feasibility Study for the proposed Criminal Justice Academy (Daniel R. O’Donnell, Assistant County Administrator; Ray Lavinder, Chief of Police) 4. Appropriation of funds in an amount not to exceed $100,000 from the Asset Forfeiture Account for Environmental Maintenance at the Roanoke County Firing Range (Daniel R. O’Donnell, Assistant County Administrator; Ray Lavinder, Chief of Police) 5. Request to approve a Change Order with Arcadis, Inc. in the amount of $31,152 (Daniel R. O’Donnell, Assistant County Administrator) 6.Presentation of the results of operations for fiscal year ended June 30, 2009, and the appropriation of $1,319,479 for year-end items to include $1,000,000 to the Roanoke County Public Schools, $159,903 for renovations to the existing jail and $159,576 for Fire and Rescue ( Rebecca Owens, Director of Finance) Page 2 of 6 7. Resolution to accept and appropriate funds in the amount of $65,330 and authorize the County Administrator to enter into a Joint Use Stormwater Management Agreement with the Virginia Department of Transportation (VDOT) (George W. Simpson III, P.E., County Engineer) G. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA:Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. The petition of Clifton Ronk to rezone approximately 0.349 acre from R-1, Low Density Residential, District to I-1C, Low Intensity Industrial, District with Conditions for the purpose of expanding an existing cabinet shop located at 8259 Wood Haven Road, Catawba Magisterial District (Philip Thompson, Deputy Director of Planning) 2. The petition of Wal-Mart Real Estate Business Trust to obtain a Special Use Permit to amend conditions regarding exterior building colors and sign panel colors, and to increase the maximum size of a monument sign in a C-2 / CVODS, General Commercial / Clearbrook Village Overlay District with Special Use Permit on approximately 41 acres located in the 5200 block of Franklin Road, Stable Road, Clearbrook Lane, Singing Hills Road, and Sunset Drive, Cave Spring Magisterial District (Philip Thompson, Deputy Director of Planning) H. FIRST READING OF ORDINANCES I. SECOND READING OF ORDINANCES J. SECOND READING AND PUBLIC HEARING OF ORDINANCES 1. Ordinance authorizing quitclaim and release to the Commonwealth of Virginia of a 20’ public utility easement conveyed to Roanoke County and shown in Plat Book 9, page 62 and now lying within the boundaries of Isabel Lane created by subdivision plat of Riverland Vineyards in Plat Book 31, page 01, Catawba Magisterial District (Joseph B. Obenshain, Senior Assistant County Attorney) K. APPOINTMENTS 1. Capital Improvement Program Review Committee (appointed by District) 2. Library Board (appointed by District) 3. Parks, Recreation and Tourism Advisory Board (appointed by District) Page 3 of 6 4. Roanoke County Planning Commission (appointed by District) L. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of Minutes – March 24, 2009; April 14, 2009 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to David L. Flynn, Roanoke County Police Department, upon his retirement after more than twenty four years of service 3. Request to accept and appropriate a grant administered by the U. S. Department of Justice’s Bulletproof Vest Partnership in the amount of $16,237.50 4. Request to accept and appropriate a Criminal Justice Information Technology Improvement grant in the amount of $49,900 from the Byrne Justice Assistance Grant (JAG) Program 5. Request to establish a Police Training Facilities Fund M. REQUESTS FOR WORK SESSIONS N. REQUESTS FOR PUBLIC HEARINGS O. CITIZENS' COMMENTS AND COMMUNICATIONS P. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid – October 2009 5. Treasurer’s Statement of Accountability per Investment and Portfolio Policy as of October 31, 2009 Page 4 of 6 6. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances for the month ended October 31, 2009 7. Comparative Statement of Budgeted and Actual Revenues for the month ended October 31, 2009 8. Proclamations signed by the Chairman Q. CLOSED MEETINGS pursuant to the Code of Virginia as follows: 1. Section 2.2-3711.A.29 Discussion of the award of a public contract involving the expenditure of public funds, where the discussion in open session would adversely affect the bargaining position or negotiating strategy of the County, namely amending the intergovernmental agreement with the City of Roanoke for digital radio services 2. Section 2.2-3711.A.7. Consultation with legal counsel and briefings by staff regarding specific legal matters, namely South Peak Development, requiring the provision of legal advice by such counsel th R. WORK SESSIONS (Training Room – 4 Floor) EVENING SESSION –7:00 P.M. S. CERTIFICATION RESOLUTION T. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Public hearing and adoption of a resolution on the Plantation Road Transportation Enhancement Program Grant Application (Megan Cronise, Principal Planner) U. SECOND READINGS OF ORDINANCES AND PUBLIC HEARINGS 1. The petition of Foxhall Properties, LLC, to obtain a Special Use Permit in a I- 2, High Intensity Industrial, District for the purpose of operating an asphalt plant on 16.7 acres, located at 6090 Peaceful Drive, Salem, Catawba Magisterial District (Philip Thompson, Deputy Director of Planning) V. CITIZENS' COMMENTS AND COMMUNICATIONS Page 5 of 6 W. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph B. “Butch” Church 2. Richard C. Flora 3. Joseph P. McNamara 4. Charlotte A. Moore 5. Michael W. Altizer X. ADJOURNMENT Page 6 of 6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION FOR APPROVAL OF COUNTY-STATE AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE MERRIMAN ROAD ROUNDABOUT PROJECT WHEREAS, Title 33.1 of the Code of Virginia provides for the availability of funds for implementing approved improvements to public streets to enhance and promote continued public safety along public streets; and WHEREAS, Roanoke County is desirous of administering this local project, consisting of the construction of a new roundabout on Route 613, Merriman Road at the intersection of Meadowlark Road, Route 1564, designated by VDOT as project number 0613-080-773 (UPC #94796), for the purpose of improving that section of Route 613, Merriman Road: and WHEREAS, the Commonwealth Transportation Board has approved this project; and WHEREAS, the Virginia Department of Transportation (VDOT) has estimated the cost of this project to be $1.2 million; and NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of Supervisors hereby authorizes the County Administrator or his designee to enter into a County-State agreement allowing the County to advertise, bid, award, and administer the construction contract for certain road improvements to Merriman Road (Project # 0613-080- 773 (UPC #94796) for the construction of a roundabout on Merriman Road and for associated intersection improvements, said contract to be on a form approved by the County Attorney. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION TO ACCEPT EAGLE CREST DRIVE AND PINEY RIDGE DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM WHEREAS, the streets described on the attached Addition Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation’s Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999, for comprehensive stormwater detention, which applies to this request for addition. NOW, THEREFORE, BE IT RESOLVED, We, the Board of Supervisors of Roanoke County, Virginia do hereby request the Virginia Department of Transportation add the street(s) described on the attached Additions Form AM-4.3 to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Results of Operations of the County of Roanoke for the Year Ended June 30, 2009: Revenues of the County of Roanoke for the Year Ended June 30, 2009: The County operations for the year ended June 30, 2009, resulted in general fund revenues of $2,884,795 over budget. While many of the local tax revenues and interest income deteriorated as a result of the declining economy, the personal property did not decline at the rate we had predicted. Personal property is one of the most difficult revenues to predict because the numbers are not complete until the final bills are mailed and collected in June. During the year, the Schools gave the County $1 million to help with our projected deficit. In light of our year-end numbers and since the schools receive part of their funding from the state with deeper cuts on the horizon, this $1 million will be returned to the Schools. Also, $159,903 was collected from Salem for the boarding of prisoners and will need to be appropriated for existing jail renovations and $159,576 collected from fee for service will need to be appropriated to Fire and Rescue, leaving a balance of $1,565,316 as shown on Attachment I. A detailed analysis of the general fund revenues is outlined in Attachment II. Prior to fiscal year 2005-2006, the School Board and Board of Supervisors adopted a joint funding policy to provide for a sustainable funding stream for school and county capital improvements in future years. The policies for use of general fund revenues and expenditures in excess of budget at year end designates portions of year-end balance for major and minor capital projects as well as to the general fund unappropriated balance. Based upon these policies, staff recommends the $1,565,316 to be added to the General Fund Unappropriated Balance. This will increase the General Fund Unappropriated Balance from $17,493,808 to $19,059,124 at June 30, 2009, which is 10.2% of the 2009- 2010 General Fund Revenues as shown on Attachment III. The policy range for 2009- 2010 was 9.5%-10.5%. No action is required from the Board for these funds to close to the unappropriated balance. Expenditures of the County of Roanoke for the Year Ended June 30, 2009: Departmental expenditure savings amounted to $1,547,866 as shown on Attachment IV. These savings are the result of departments delaying purchases, travel and training, and the hiring of vacant positions. Based upon the policy for use of unspent expenditure appropriations at year end, departments are able to request up to 60% of the savings within their own department for special purchases and programs approved by the County Administrator and the remaining reverts to the Minor County Capital Reserve for future projects. Based upon this policy, staff recommends the following appropriations: $409,080 to be appropriated to departments for rollovers $1,138,786 to be appropriated to the Minor County Capital Reserve Attachment V is a five-year summary of County and Schools revenue and expenditure Page 2 savings. Results of Operations of the Roanoke County Public Schools for the Year Ended June 30, 2009: Attachment VI is the report for the School Operations year end for June 30, 2009. The School Board will take action to approve this report at their November 12, 2009, meeting. The Schools ended the year with a surplus of $4.6 million. No action is required by the County Board. STAFF RECOMMENDATION: The Board has previously approved, either by policy or board action, the above items noted and the only actions required by the Board are: 1. Appropriate $159,903 for renovations to the existing jail 2. Appropriate $159,576 for Fire and Rescue 3. Appropriate $1,000,000 to the Roanoke County Public Schools System Page 3 Attachment I County of Roanoke, Virginia Summary of General Operating Fund Revenues For the Year Ended June 30, 2009 Budgeted Actual RevenuesRevenuesAmount Revenues and transfers $ 175,966,837173,082,042$ 2,884,795$ Use of revenue collections above budget: Fee for Ambulance Service159,576$ Existing jail renovations 159,903 Roanoke County Public Schools1,000,000 Subtotal of excess revenue available1,565,316 Addition to General Fund Unappropriated Balance1,565,316 Excess revenue available for major capital0$ Page 4 Attachment III GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA % of General AmountFund Revenue * Audited balance at June 30, 200917,493,808$ 9.65% Addition for 2008-09 Operations1,565,316 ** Balance at November 17, 200919,059,124$ 10.21% Note: On December 21, 2004, the Board of Supervisors adopted a policy to increase the General Fund Unappropriated Balance incrementally over several years. *2008-09 a range of 9.0%-10.0% of General Fund Revenues 2008-2009 General Fund Revenues$181,259,899 9.0% of General Fund Revenues$16,313,391 10.0% of General Fund Revenues$18,125,990 **2009-10 a range of 9.5%-10.5% of General Fund Revenues 2009-10 General Fund Revenues$186,756,550 9.5% of General Fund Revenues$17,741,872 10.5% of General Fund Revenues$19,609,438 The Unappropriated Fund Balance of the County is currently maintained at 10.21% which is within the range of our goal for 2009-10. The County's goal is to increase the balance over time to 11.0%. Submitted ByRebecca E. Owens Director of Finance Approved ByB. Clayton Goodman III County Administrator Page 6 Attachment IV County of Roanoke, Virginia Summary of General Operating Fund Expenditures For the Year Ended June 30, 2009 Budgeted Actual ExpendituresExpendituresAmount Expenditures, encumbrances, and transfers $ 174,474,001176,021,867$ 1,547,866$ Use of expenditure savings: Less: Approved based on policy: Departmental rollover per policy409,080 Expenditure savings available for minor capital1,138,786$ Page 7 Attachment VI AT A REGULAR MEETING OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY SCHOOLS ADMINISTRATION BUILDING MEETING DATE: November 12, 2009 AGENDA ITEM: Request for Appropriation of Final Year-End Balance from School Operations for Fiscal Year ended June 30, 2009 BACKGROUND: The FY2008-09 budget was prepared in March 2008 using 12% increases in state aid based on General Assembly action at that time. Subsequent to that legislative session and as early as summer 2008, economic indicators began pointing towards a downturn in the state and national economies. The now confirmed recession impacted the school budget in FY2008-09 most directly through reductions in sales tax revenue collections mirroring lower purchases throughout the state. Overall, as noted on Attachment A, actual revenues exceeded budgeted revenues by th $188,985 (less than 1/10 of 1% of budget). Additional basic aid revenue was received for enrollments over the budgeted enrollment but this surplus was more than offset by a deficit in the sales tax collections for the year. The sales tax collections were at their lowest level since 2005-06. For the first time in the past nine years, enrollment declined in the School System. The March 31, 2009 actual enrollment of 14,650 was 152 students lower than the average daily membership for the prior year and only 50 students higher than budgeted. The enrollment declines appear to be based primarily on significantly smaller kindergarten class roles compared to the graduating senior class roles. In response to lower enrollment projections, the FY2009-10 budget was based on enrollment of 14,400 students.With over 50% of the budget dependent upon state aid, it is critical that the enrollment projections are attainable and flexible enough to address state shortfalls like the sales tax this past year as well as the current economic crisis playing out in Richmond and across the nation. See Attachment B for a historical comparison of student enrollment. The school departments stayed within their approved budgets with under-expenditures in the major spending categories accounting for $4.5 million, net of the emergency fund, or 3.1% of the year-end balance (Attachment A). Under-expenditures were attributable primarily to savings in the personnel budget ($2.4 million. Other savings resulted from unspent contingency funds, insurance savings, lower utility consumption, lower gasoline prices, and overall spending cautions issued for the majority of the school year due to the economy. The budget ordinance adopted by the Board of Supervisors on April 22, 2008 stated “that all school fund appropriations remaining at the end of the 2008-09 fiscal year not lapse but shall be appropriated to the School Capital Fund in fiscal year 2009-10 as follows: a) Two- T:\Board Meetings\2009\11-17\Notes\11-12-09 YEschools-Attachment VI.docx Page 9 Attachment VI thirds of the year-end balance in the school operating fund will be allocated to the Major School Capital Reserve, b) One-third of the year-end balance in the school operating fund, not to exceed $1,000,000, will be allocated to the Minor School Capital Reserve, c) If the one-third allocation to the Minor School Capital Reserve exceeds $1,000,000, the excess will be added to the Major School Capital Reserve.” SUMMARY OF INFORMATION: During 2005, the School Board and Board of Supervisors adopted a joint funding policy to provide for a sustainable funding stream for school and county capital improvements in future years. The Year-end Balance and School Capital Reserve policies designate portions of the year-end balance for major and minor capital projects as noted above in the county budget ordinance. Based on the adopted policies, staff is recommending the following appropriations per Attachment C: Minor Capital Funds $1,000,000 allocated to Minor Capital Reserve for projects to be approved by the School Board at a later date based on evaluation of existing needs and priorities. Major Capital Funds $3,548,372 allocated to Major Capital Reserve in the approved School Capital Improvement Plan. School Operating Fund Unappropriated Balance (Emergency Reserve) The School Board allocated funds in 2005 and 2007 to establish a reserve for financial emergencies due to unexpected revenue shortfalls or unplanned significant expenditure increases. This reserve is intended to protect the school system from the need for a mid-year reduction in staff or service levels as the result of an unanticipated financial draw on school resources. The Board of Supervisors approved the creation and operation of this reserve. The reserve was reduced by $1,000,000 during FY2008-09 in response to a request from the Board of Supervisors to partially offset significant deficits in local tax revenues that would otherwise have been split with the School System through the normal revenue sharing policy. In light of the reduction and the volatile economic conditions, the School Board added $671,290 to the Emergency Reserve in the FY2009-10 budget. Subsequent to year-end and the final collection of local tax revenues in excess of the projected deficit, the Board of Supervisors took action to return the $1,000,000 to the School System’s reserve. Upon receipt of the County refund of $1,000,000, the total School Emergency Reserve balance will be $2,671,290. STAFF RECOMMENDATION: Staff recommends appropriation of the 2008-09 year-end balance of $1,000,000 to Minor Capital Reserve, $3,548,372 to Major Capital Reserve, $102,670 to outstanding encumbrances rolled over to FY2009-10, and the retention of the $1,000,000 Emergency Reserve rolled over to FY2009-10. T:\Board Meetings\2009\11-17\Notes\11-12-09 YEschools-Attachment VI.docx Page 10 Attachment A Roanoke County Schools Year-End Balance for FY 2008-09 Audited BudgetYear to DateDollarPercentage 2008-09ActualsDifferenceof Budget Revenues: Sales Tax14,500,00013,696,025(803,975)94.46% State Revenue65,704,92566,499,475794,550101.21% Federal Revenue225,097449,185224,088199.55% Tuition, Rent & Interest889,857864,179(25,678)97.11% Transfer from County62,168,13262,168,1320100.00% Transfer from CPMT2,099,0002,099,0000100.00% Beginning Balance7,288,0637,288,0630100.00% Total Revenue 152,875,074153,064,059188,985100.12% Expenditures: 21,40491.99% 70School Board267,359245,955 200,28821.56% 71School Superintendent255,33055,042 670,48396.41% 72Budget & Finance18,699,84818,029,365 2,300,19797.31% 73Instructional Personnel85,364,49283,064,295 328,57081.72% 74Transportation1,797,5921,469,022 185,22796.42% 75Facilities & Operations5,178,8864,993,659 104,45898.93% 76Administrative Personnel9,735,9389,631,480 85,73778.55% 77Summer School399,615313,878 9,17982.20% 78Community Relations51,56142,382 102,90790.97% 79Instruction1,139,8061,036,899 168,94287.89% 80Deputy Superintendent1,395,0721,226,130 49,99384.76% 81Remediation & Testing328,083278,090 85599.80% 82Career & Technical Education417,861417,006 99,28386.47% 83Pupil Personnel Services733,902634,619 102,77678.03% 85Staff Development467,804365,028 89899.77% 86Guidance395,573394,675 11,83499.37% 87Media Services1,871,2421,859,408 6,07295.05% 88Pupil Assignment122,587116,515 (11,599)100.05% 89Classified Personnel22,172,03922,183,638 24,55369.49% 90Adult Education80,48455,931 Less: Contingency per policy2,000,0001,000,0001,000,00050.00% Total Expenditures 152,875,074147,413,0175,462,05796.43% Revenues in Excess of Expenditures5,651,042 2,393,056Personnel only Reserved for Emergencies(1,000,000) 4,651,042 Budget Rollovers: (102,670) Outstanding PO'sSee rpt 7060(94,682) Band Uniform rollover792030-6324(7,988) Balance to be allocated to Major/Minor Reserves4,548,372 Page 11 11/11/2009 Attachment B Average Daily Membership History ADMOver (Under)Growth (Decline) YearBudgetMarch 31Budgetfrom Prior Year 1994-9513,600 13,652 52 1995-9613,650 13,721 7169 1996-9713,776 13,863 87142 1997-9813,950 13,898 (52)35 1998-9913,950 13,862 (88)(36) 1999-0013,825 13,856 31(6) 2000-0113,825 13,865 409 2001-0213,825 13,930 10565 2002-0313,830 14,127 297197 2003-0413,938 14,279 341152 2004-0514,126 14,365 23986 2005-0614,365 14,728 363363 2006-0714,400 14,777 37749 2007-0814,600 14,802 20225 2008-0914,600 14,650 50(152) Average Daily Membership Trend 15,000 14,800 14,600 14,400 14,200 14,000 13,800 13,600 13,400 13,200 Page 12 Attachment C Roanoke County Schools Summary of Operating Fund Revenues and Expenditures For the Year Ended June 30, 2009 BudgetActualAmount Revenues: Sales tax14,500,000 13,696,025 (803,975) State aid for education 65,704,925 66,499,475 794,550 Federal aid for education225,097 449,185 224,088 Tuition, rent & interest889,857 864,179 (25,678) Transfers from County62,168,132 62,168,132 - Transfers from CPMT2,099,000 2,099,000 - Beginning balance7,288,063 7,288,063 - 152,875,074153,064,059188,985 0.1% Use of excess revenue collections: Transfer to Major Capital Reserve per policy188,985 Transfer to Emergency Contingency Fund (current balance is $1,671,290)- 188,985 Expenditures: Personnel 117,272,469 114,879,413 2,393,056 Operating33,602,605 31,533,604 2,069,001 Reserve for Emergencies2,000,000 1,000,000 1,000,000 152,875,074147,413,0175,462,057 3.0% Uses of unspent expenditure appropriations: Rollover for outstanding purchase orders94,682 Rollover for band uniform replacements7,988 Rollover for Art Museum- Maintain Reserve for Emergencies1,000,000 Transfer to Minor Capital Reserve per policy1,000,000 Transfer to Major Capital Reserve per policy3,359,387 5,462,057 Total Contributions to Reserves from FY08-09 YE per policy: Major Capital Reserve (2/3 of balance)3,548,372 Minor Capital Reserve (1/3 of balance up to cap)1,000,000 Emergency Contingency Fund increase- 4,548,372 Page 13 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION APPROVING JOINT USE STORM WATER MANAGEMENT AGREEMENT WITH THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT), HIDDEN VALLEY HIGH SCHOOL REGIONAL FACILITY WHEREAS, the Virginia Department of Transportation has requested to use the Roanoke County regional stormwater management facility at Hidden Valley High School for the improvements to McVitty Road (State Route 1662) and Old Cave Spring Road (State Route 1663); and WHEREAS, this joint use would address storm water management on a regional basis pursuant to Roanoke Valley Regional Stormwater Management Master Plan; and WHEREAS, this joint use results in a better use of land, public funds and resources and is a comprehensive approach to addressing water quality and flooding in the Mudlick Creek watershed. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County hereby authorizes the County Administrator or his designee to enter into a Joint Use Storm Water Management Agreement with the Commonwealth of Virginia, Department of Transportation for the joint use of the regional storm water management basin located at Hidden Valley High School for the purpose of accommodating storm water runoff/overflow as it impacts the Mudlick Creek watershed, said agreement to be on a form approved by the County Attorney. Í·¬» ß°°´·½¿²¬ Ò¿³»æ Ý´·º¬±² Ô Î±²µ Û¨·¬·²¹ Æ±²·²¹æ Îï Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ ×ïÝ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðíêòðèóðïóëêòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿¬¿©¾¿ ß®»¿æ ðòíìç ß½®» Í½¿´»æ ïþ ã ïððù ïí Ñ½¬±¾»®ô îððç Í·¬» Ô¿²¼ Ë» Ý±²»®ª¿¬·±² Î«®¿´ Ð®»»®ª» Î«®¿´ Ê·´´¿¹» Ê·´´¿¹» Ý»²¬»® Ü»ª»´±°³»²¬ Ò»·¹¸¾±®¸±±¼ Ý±²»®ª¿¬·±² Ì®¿²·¬·±² Ý±®» Ð®·²½·°¿´ ×²¼«¬®·¿´ Í«¾«®¾¿² Ê·´´¿¹» ø²»© ½¿¬»¹±®§÷ Û½±²±³·½ Ñ°°±®¬«²·¬§ ø²»© ½¿¬»¹±®§÷ ß°°´·½¿²¬ Ò¿³»æ Ý´·º¬±² Ô Î±²µ Û¨·¬·²¹ Æ±²·²¹æ Îï Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ ×ïÝ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðíêòðèóðïóëêòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿¬¿©¾¿ ß®»¿æ ðòíìç ß½®» Í½¿´»æ ïþ ã ïððù ïí Ñ½¬±¾»®ô îððç Í·¬» Æ±²·²¹ ßÙí ÛÐ ßÙï ßÎ ßÊ Ýï Ýî ÝîÝÊÑÜ ×ï ×î ÐÝÜ ÐÎÜ ÐÌÜ Îï Îî Îí Îì ÎÞ ÙÞ ÝÞ Óï Óî ß°°´·½¿²¬ Ò¿³»æ Ý´·º¬±² Ô Î±²µ Û¨·¬·²¹ Æ±²·²¹æ Îï Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ ×ïÝ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðíêòðèóðïóëêòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿¬¿©¾¿ ß®»¿æ ðòíìç ß½®» Í½¿´»æ ïþ ã ïððù ïí Ñ½¬±¾»®ô îððç Í·¬» ß°°´·½¿²¬ Ò¿³»æ É¿´óÓ¿®¬ Î»¿´ Û¬¿¬» Þ«·²» Ì®«¬ Û¨·¬·²¹ Æ±²·²¹æ ÝîÝÊÑÜ Ð®±°±»¼ Æ±²·²¹æ ÝîÝÊÑÜ Î±¿²±µ» Ý±«²¬§ Ì¿¨ Ó¿° Ò«³¾»®æ ðèèòðíóðïóøðïòðïô ðïòðîô ðïòðíô ðîô ðíô ðìòðïô ðêô ðç÷ Ü»°¿®¬³»²¬ ±º ðèèòðìóðïóøîêô íìô íëô íêô íèô íçô íçòðïô ìðô ìï÷ Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿ª» ÍÐ®·²¹ ß®»¿æ íçòêë ß½®» Í½¿´»æ ïþ ã íððù ïí Ñ½¬±¾»®ô îððç Í·¬» Ô¿²¼ Ë» Ý±²»®ª¿¬·±² Î«®¿´ Ð®»»®ª» Î«®¿´ Ê·´´¿¹» Ê·´´¿¹» Ý»²¬»® Ü»ª»´±°³»²¬ Ò»·¹¸¾±®¸±±¼ Ý±²»®ª¿¬·±² Ì®¿²·¬·±² Ý±®» Ð®·²½·°¿´ ×²¼«¬®·¿´ Í«¾«®¾¿² Ê·´´¿¹» ø²»© ½¿¬»¹±®§÷ Û½±²±³·½ Ñ°°±®¬«²·¬§ ø²»© ½¿¬»¹±®§÷ ß°°´·½¿²¬ Ò¿³»æ É¿´óÓ¿®¬ Î»¿´ Û¬¿¬» Þ«·²» Ì®«¬ Û¨·¬·²¹ Æ±²·²¹æ ÝîÝÊÑÜ Ð®±°±»¼ Æ±²·²¹æ ÝîÝÊÑÜ Î±¿²±µ» Ý±«²¬§ Ì¿¨ Ó¿° Ò«³¾»®æ ðèèòðíóðïóøðïòðïô ðïòðîô ðïòðíô ðîô ðíô ðìòðïô ðêô ðç÷ Ü»°¿®¬³»²¬ ±º ðèèòðìóðïóøîêô íìô íëô íêô íèô íçô íçòðïô ìðô ìï÷ Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿ª» ÍÐ®·²¹ ß®»¿æ íçòêë ß½®» Í½¿´»æ ïþ ã íððù ïí Ñ½¬±¾»®ô îððç Æ±²·²¹ ßÙí ÛÐ ßÙï ßÎ ßÊ Ýï Í·¬» Ýî ÝîÝÊÑÜ ×ï ×î ÐÝÜ ÐÎÜ ÐÌÜ Îï Îî Îí Îì ÎÞ ÙÞ ÝÞ Óï Óî ß°°´·½¿²¬ Ò¿³»æ É¿´óÓ¿®¬ Î»¿´ Û¬¿¬» Þ«·²» Ì®«¬ Û¨·¬·²¹ Æ±²·²¹æ ÝîÝÊÑÜ Ð®±°±»¼ Æ±²·²¹æ ÝîÝÊÑÜ Î±¿²±µ» Ý±«²¬§ Ì¿¨ Ó¿° Ò«³¾»®æ ðèèòðíóðïóøðïòðïô ðïòðîô ðïòðíô ðîô ðíô ðìòðïô ðêô ðç÷ Ü»°¿®¬³»²¬ ±º ðèèòðìóðïóøîêô íìô íëô íêô íèô íçô íçòðïô ìðô ìï÷ Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿ª» ÍÐ®·²¹ ß®»¿æ íçòêë ß½®» Í½¿´»æ ïþ ã íððù ïí Ñ½¬±¾»®ô îððç AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 2009 ORDINANCE AUTHORIZING QUITCLAIM AND RELEASE TO THE COMMONWEALTH OF VIRGINIA OF A 20’ PUBLIC UTILITY EASEMENT CONVEYED TO ROANOKE COUNTY AND SHOWN IN PLAT BOOK 9, PAGE 62 AND NOW LYING WITHIN THE BOUNDARIES OF ISABEL LANE CREATED BY SUBDIVISION PLAT OF RIVERLAND VINEYARDS IN PLAT BOOK 31, PAGE 01, CATAWBA MAGISTERIAL DISTRICT WHEREAS, in order for Isabel Lane to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances; and, WHEREAS, VDOT requires quit-claim and release to the Commonwealth of 20' Virginia of all existing easements within the boundaries of Isabel Lane, namely a public utility easement (PUE) , conveyed to the Board of Supervisors of Roanoke County, Virginia, from Green Hill Associates by plat dated March 26, 1976, and recorded in the Clerk’s Office of the Circuit Court of Roanoke County in plat book 9, page 62; and, WHEREAS, Isabel Lane was created by subdivision plat for Riverland Vineyards, recorded in plat book 31, page 01, and the subject public utility easement now lies within the boundaries of Isabel Lane; and, WHEREAS, it will serve the interests of the public to have Isabel Lane accepted into the state secondary road system and this release, subject to the issuance of a permit and other conditions, will not interfere with other public services and is acceptable to the affected Roanoke County departments. Page 1 of 1 THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on October 27, 2009, and the second reading and public hearing was held on November 17, 2009. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interest in real estate to be released is hereby made available for other public uses by conveyance to the Commonwealth of Virginia for acceptance of Isabel Lane into the state secondary road system by the Virginia Department of Transportation (VDOT). 3. That quit-claim and release to the Commonwealth of Virginia of that 0' public utility easement portion of a 2, conveyed to the Board of Supervisors of Roanoke County, Virginia, from Green Hill Associates by subdivision plat dated March 26, 1976, and recorded in the Clerk’s Office of the Circuit Court of Roanoke County in plat book 9, page 62, now lying within the boundaries of Isabel Lane as created by subdivision plat for Riveland Vineyards, recorded in plat book 31, page 01, and being further shown on Exhibit A attached hereto, is hereby authorized subject to the following conditions: a. VDOT issuance of a permit for the water and/or sewer lines or pipes, and any related appurtenances or facilities. Page 2 of 2 b. The facilities located within the 50-foot right-of-way for Isabel Lane, as shown on the above-referenced plats, may continue to occupy the street or highway in the existing condition and location. c. This release is for so long as the subject section of Isabel Lane is used as part of the public street or highway system. 4. That the subject portion of easement is not vacated hereby and shall revert to the County in the event of abandonment of the street or highway. 5. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. Page 3 of 3 L 1-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L-CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for November 17, 2009 designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 5 inclusive, as follows: 1. Approval of Minutes – March 24, 2009; April 14, 2009 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to David L. Flynn, Roanoke County Police Department, upon his retirement after more than twenty four years of service 3. Request to accept and appropriate a grant administered by the U. S. Department of Justice’s Bulletproof Vest Partnership in the amount of $16,237.50 4. Request to accept and appropriate a Criminal Justice Information Technology Improvement grant in the amount of $49,900 from the Byrne Justice Assistance Grant (JAG) Program 5. Request to establish a Police Training Facilities Fund 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. L-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DAVID L. FLYNN, ROANOKE COUNTY POLICE DEPARTMENT, UPON HIS RETIREMENT AFTER MORE THAN TWENTY FOUR YEARS OF SERVICE WHEREAS, David L. Flynn was employed by Roanoke County on April 20, 1985, as a Police Officer; and WHEREAS, Mr. Flynn retired from the Roanoke County Police Department as a Police Officer/ Criminal Investigator on November 1, 2009, after twenty four years and six months of service; and WHEREAS, Mr. Flynn, through his hard work and dedicated efforts, performed a crucial role in protecting the lives and property of the citizens of the County by honorably serving as a Police Officer/Criminal Investigator; and WHEREAS, Detective Flynn was instrumental in solving hundreds of felony crimes and arresting the perpetrators of those crimes, solving not only the offenses they had committed but preventing them from harming even more victims; and WHEREAS, Detective Flynn believed deeply that he should strive to share his knowledge of the job with less experienced officers, turning nearly any crime scene into an impromptu classroom where he taught other officers the skills they needed to better perform their own duties; and WHEREAS, Detective Flynn, 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 11 Page of County expresses its deepest appreciation and the appreciation of the citizens of Roanoke DAVID L. FLYNN County to for more than twenty-four 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. Page 2 of 2 S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION 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 member’s 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. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, NOVEMBER 17, 2009 RESOLUTION REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD ESTABLISH AN ENHANCEMENT PROJECT FOR PLANTATION ROAD IN ROANOKE COUNTY, VIRGINIA WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation program an enhancement project in Roanoke County. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors requests the Commonwealth Transportation Board to establish a project for the improvement of Plantation Road in the form of pedestrian and bicycle accommodations as well as streetscape improvements. BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors hereby agrees to pay a minimum 20 percent of the total cost for planning and design, right-of-way, and construction of this project, and that, if the Roanoke County Board of Supervisors subsequently elects to cancel this project the Roanoke County Board of Supervisors hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. U-1 PETITIONER: Foxhall Properties, LLC CASE NUMBER: 13-11/2009 st Board of Supervisors Consent 1 Reading Date: October 27, 2009 Planning Commission Hearing Date: November 2, 2009 nd Board of Supervisors Hearing & 2 Reading Date: November 17, 2009 A. REQUEST Special use permit on approximately 16.7 acres zoned I-2, High Intensity Industrial District, for the purposes of operating an asphalt plant. B. CITIZEN COMMENTS Seven citizens spoke. Two citizens voiced opposition to the petition, citing environmental concerns, selection of the site, truck traffic, light pollution, and noise. One citizen asked questions about the asphalt plant operations. The other four citizens spoke in favor of the petition, citing the need for industries and employment, reduction of road building costs due to location of proposed plant, and general support for the petition. C. SUMMARY OF COMMISSION DISCUSSION Mr. Azar announced at the beginning of the public hearing that he would abstain from participating in the hearing to avoid possible appearance of conflict of interest, due to his employment with Appalachian Power Company. Mr. Radford announced at the beginning of the public hearing that he too would abstain from participating in the hearing to avoid possible appearance of conflict of interest, due to his employment with English Construction Company. Mr. Holladay presented the staff report. Ms. Hooker asked for clarification on suggested conditions dealing with buffer yards and signage. Mr. Jarrell asked for clarification on a suggested condition addressing maximum noise levels. Ms. Goodlatte, counsel for the petitioner, presented the request, and included a presentation from an air quality and permitting specialist. Ms. Hooker asked about proposed signage at the site. Mr. McNeil asked about any new signs on West Main Street, as well as diesel fuel storage, and tank containment structures. Mr. Jarrell asked for clarification on the filter fabric bag house, and diesel fuel use for heating the asphalt. D. CONDITIONS 1. The site shall be developed in substantial conformance with the Foxhall Properties, LLC Roanoke County, Virginia concept plan by HSMM/AECOM, dated September 4, 2009. The special use permit shall only apply to the 16.7 acre parcel depicted on said concept plan and more particularly described in the metes and bounds description submitted with the application. U-1 2. No administrative waivers shall be allowed for required landscaping, screening or buffer yards. 3. Prior to receipt of final zoning compliance, Foxhall Properties, LLC shall provide to Roanoke County Community Development a copy of the Stationary Source Air Permit from the Virginia Department of Environmental Quality. 4. Maximum height of the asphalt storage structures shall be 75 feet, including all conveyor structures. 5. A filter fabric bag house shall be installed to control particulate emissions. 6. Noise levels shall not exceed 85 dB at the property lines, excluding vehicle warning devices. Prior to receipt of final zoning compliance, Foxhall Properties, LLC shall certify plant operation noise levels at the property lines. 7. Water suppression methods, including but not limited to water trucks, shall be used to control dust generated by the movement of material stock. 8. Diesel fuel stored on site shall only be used for plant operations and off-road equipment used on site. 9. Exterior lighting shall only illuminate production structures and areas, and for perimeter security purposes. 10. Signage shall be limited to one monument style sign, located near the facility entrance, with a maximum height of 6 feet and maximum width of 10 feet, with landscaping around the base. Sign landscape area shall be a minimum one and one-half times the total area of the sign. 11. All new asphalt plant equipment and structures shall be painted black, dark brown or dark green. E. COMMISSION ACTION Ms. Hooker made a motion to recommend approval of the special use permit request with the eleven (11) recommended conditions. The motion carried 3-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan X Vicinity Map X Staff Report X Other Philip Thompson, Secretary Roanoke County Planning Commission éèûööê÷ìíêè ì×ÈÓÈÓÍÎ×ÊöÍÄÔÛÐÐìÊÍÌ×ÊÈÓ×Éððù ê×ËÇ×ÉÈéÌ×ÙÓÛÐÇÉ×Ì×ÊÏÓÈÍÎÛÌÌÊÍÄÓÏÛÈ×ÐÃÛÙÊ×ÉÂÍÎ×Øó ÕÔóÎÈ×ÎÉÓÈÃóÎØÇÉÈÊÓÛÐ øÓÉÈÊÓÙÈÖÍÊÈÔ×ÌÇÊÌÍÉ×ÉÍÖÍÌ×ÊÛÈÓÎÕÛÎÛÉÌÔÛÐÈÌÐÛÎÈ ðÍÙÛÈÓÍÎ ì×ÛÙ×ÖÇÐøÊÓÆ× ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈùÛÈÛÅÚÛ éÇÕÕ×ÉÈ×ØèÔ×ÉÓÈ×ÉÔÛÐÐÚ×Ø×Æ×ÐÍÌ×ØÓÎÉÇÚÉÈÛÎÈÓÛÐÙÍÎÖÍÊÏÛÎÙ×ÅÓÈÔÈÔ×öÍÄÔÛÐÐ ùÍÎØÓÈÓÍÎÉìÊÍÌ×ÊÈÓ×ÉððùêÍÛÎÍÑ×ùÍÇÎÈÃæÓÊÕÓÎÓÛÙÍÎÙ×ÌÈÌÐÛÎÚÃôéïï û÷ùíï öÍÊéÌ×ÙÓÛÐçÉ×ØÛÈ×Øé×ÌÈ×ÏÚ×Ê É×Ì×ÊÏÓÈÉÔÛÐÐÍÎÐÃÛÌÌÐÃÈÍÈÔ× ì×ÊÏÓÈÛÙÊ×ÌÛÊÙ×ÐØ×ÌÓÙÈ×ØÍÎÉÛÓØÙÍÎÙ×ÌÈÌÐÛÎÛÎØÏÍÊ×ÌÛÊÈÓÙÇÐÛÊÐÃØ×ÉÙÊÓÚ×ØÓÎ ÈÔ×Ï×È×ÉÛÎØÚÍÇÎØÉØ×ÉÙÊÓÌÈÓÍÎÉÇÚÏÓÈÈ×ØÅÓÈÔÈÔ×ÛÌÌÐÓÙÛÈÓÍÎ îÍÛØÏÓÎÓÉÈÊÛÈÓÆ×ÅÛÓÆ×ÊÉÉÔÛÐÐÚ×ÛÐÐÍÅ×ØÖÍÊÊ×ËÇÓÊ×ØÐÛÎØÉÙÛÌÓÎÕÉÙÊ××ÎÓÎÕ ÍÊÚÇÖÖ×ÊÃÛÊØÉ ìÊÓÍÊÈÍÊ×Ù×ÓÌÈÍÖÖÓÎÛÐÂÍÎÓÎÕÙÍÏÌÐÓÛÎÙ×öÍÄÔÛÐÐìÊÍÌ×ÊÈÓ×ÉððùÉÔÛÐÐ ÌÊÍÆÓØ×ÈÍêÍÛÎÍÑ×ùÍÇÎÈÃùÍÏÏÇÎÓÈÃø×Æ×ÐÍÌÏ×ÎÈÛÙÍÌÃÍÖÈÔ×éÈÛÈÓÍÎÛÊÃ éÍÇÊÙ×ûÓÊì×ÊÏÓÈÖÊÍÏÈÔ×æÓÊÕÓÎÓÛø×ÌÛÊÈÏ×ÎÈÍÖ÷ÎÆÓÊÍÎÏ×ÎÈÛÐëÇÛÐÓÈÃ ïÛÄÓÏÇÏÔ×ÓÕÔÈÍÖÈÔ×ÛÉÌÔÛÐÈÉÈÍÊÛÕ×ÉÈÊÇÙÈÇÊ×ÉÉÔÛÐÐÚ×Ö××ÈÓÎÙÐÇØÓÎÕÛÐÐ ÙÍÎÆ×ÃÍÊÉÈÊÇÙÈÇÊ×É ûÖÓÐÈ×ÊÖÛÚÊÓÙÚÛÕÔÍÇÉ×ÉÔÛÐÐÚ×ÓÎÉÈÛÐÐ×ØÈÍÙÍÎÈÊÍÐÌÛÊÈÓÙÇÐÛÈ××ÏÓÉÉÓÍÎÉ îÍÓÉ×Ð×Æ×ÐÉÉÔÛÐÐÎÍÈ×ÄÙ××ØØúÛÈÈÔ×ÌÊÍÌ×ÊÈÃÐÓÎ×É×ÄÙÐÇØÓÎÕÆ×ÔÓÙÐ× ÅÛÊÎÓÎÕØ×ÆÓÙ×ÉìÊÓÍÊÈÍÊ×Ù×ÓÌÈÍÖÖÓÎÛÐÂÍÎÓÎÕÙÍÏÌÐÓÛÎÙ×öÍÄÔÛÐÐ ìÊÍÌ×ÊÈÓ×ÉððùÉÔÛÐÐÙ×ÊÈÓÖÃÌÐÛÎÈÍÌ×ÊÛÈÓÍÎÎÍÓÉ×Ð×Æ×ÐÉÛÈÈÔ×ÌÊÍÌ×ÊÈÃÐÓÎ×É åÛÈ×ÊÉÇÌÌÊ×ÉÉÓÍÎÏ×ÈÔÍØÉÓÎÙÐÇØÓÎÕÚÇÈÎÍÈÐÓÏÓÈ×ØÈÍÅÛÈ×ÊÈÊÇÙÑÉÉÔÛÐÐÚ× ÇÉ×ØÈÍÙÍÎÈÊÍÐØÇÉÈÕ×Î×ÊÛÈ×ØÚÃÈÔ×ÏÍÆ×Ï×ÎÈÍÖÏÛÈ×ÊÓÛÐÉÈÍÙÑ øÓ×É×ÐÖÇ×ÐÉÈÍÊ×ØÍÎÉÓÈ×ÉÔÛÐÐÍÎÐÃÚ×ÇÉ×ØÖÍÊÌÐÛÎÈÍÌ×ÊÛÈÓÍÎÉÛÎØÍÖÖÊÍÛØ ×ËÇÓÌÏ×ÎÈÇÉ×ØÍÎÉÓÈ× ÷ÄÈ×ÊÓÍÊÐÓÕÔÈÓÎÕÉÔÛÐÐÍÎÐÃÓÐÐÇÏÓÎÛÈ×ÌÊÍØÇÙÈÓÍÎÉÈÊÇÙÈÇÊ×ÉÛÎØÛÊ×ÛÉÛÎØÖÍÊ Ì×ÊÓÏ×È×ÊÉ×ÙÇÊÓÈÃÌÇÊÌÍÉ×É éÓÕÎÛÕ×ÉÔÛÐÐÚ×ÐÓÏÓÈ×ØÈÍÍÎ×ÏÍÎÇÏ×ÎÈÉÈÃÐ×ÉÓÕÎÐÍÙÛÈ×ØÎ×ÛÊÈÔ×ÖÛÙÓÐÓÈÃ ×ÎÈÊÛÎÙ×ÅÓÈÔÛÏÛÄÓÏÇÏÔ×ÓÕÔÈÍÖÖ××ÈÛÎØÏÛÄÓÏÇÏÅÓØÈÔÍÖ Ö××ÈÅÓÈÔ ÐÛÎØÉÙÛÌÓÎÕÛÊÍÇÎØÈÔ×ÚÛÉ×éÓÕÎÐÛÎØÉÙÛÌ×ÛÊ×ÛÉÔÛÐÐÚ×ÛÏÓÎÓÏÇÏÍÎ×ÛÎØ ÍÎ×ÔÛÐÖÈÓÏ×ÉÈÔ×ÈÍÈÛÐÛÊ×ÛÍÖÈÔ×ÉÓÕÎ ûÐÐÎ×ÅÛÉÌÔÛÐÈÌÐÛÎÈ×ËÇÓÌÏ×ÎÈÛÎØÉÈÊÇÙÈÇÊ×ÉÉÔÛÐÐÚ×ÌÛÓÎÈ×ØÚÐÛÙÑØÛÊÑ ÚÊÍÅÎÍÊØÛÊÑÕÊ××Î ÷ä÷ùçèóæ÷éçïïûêã Foxhall Properties, LLC, a landholding subsidiary of Adams Construction Company, has a contract to purchase approximately 16.7 acres from Appalachian Power Company. The property is located at 6090 Peaceful Drive, in the Catawba Magisterial District. The petitioner proposes to develop the property for an asphalt plant. The proposed land use conforms generally with the Principal Industrial future land use designation of the Comprehensive Plan, and with the purposes of the I-2 zoning district. Suggested conditions of the special use permit would address structure height, dust control and maximum noise levels. Other suggested conditions are related to citizen comments, concerns and suggestions, as well as county staff interaction with the petitioner regarding construction and operation of the facility. 1 ûììðóùûúð÷ê÷õçðûèóíîé Asphalt Plants are allowed in the I-2 zoning district by special use permit. Zoning ordinance use and design standards require the following: é×Ù ûÉÌÔÛÐÈìÐÛÎÈÉ (A) General standards: 1. A Type E buffer yard shall be required in accordance with Section 30-92. 2. In considering a special use permit request for an asphalt plant, in addition to the general standards contained in Section 30-19 of this ordinance, the board shall specifically consider and set standards for the following: a. The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height. b. Specific measures to control dust during the construction and operation of the plant. c. Specific levels of noise permitted during the daytime and nighttime operation of the plant, as measured at adjacent property lines, and any additional requirements for the design or operation of the plant intended to reduce noise. Roanoke County site development review will be required. Commercial entrance permit from the Virginia Department of Transportation (VDOT) will be required. Stationary Source Air Permit from the Virginia Department of Environmental Quality (DEQ) will be required. éíö÷äóéèóîõùíîøóèóíîé Background – In January, 2009, Foxhall Properties, LLC applied to rezone property at 4127 West Main Street, and obtain a special use permit to operate an asphalt plant. That request met with significant citizen opposition, and Foxhall Properties, LLC withdrew the application after the Planning Commission public hearing, and prior to the Board of Supervisors public hearing. Foxhall Properties, LLC searched for an alternative site and selected the subject property. Issues of citizen interest and concern are taken into consideration in the proposed site design and suggested conditions for the special use permit. The proposed site is part of a 109.71 acre tract owned by Appalachian Power Company (APCo). The 109.71 acre property has been zoned I-2, High Intensity Industrial since 1992, and was zoned M-2, Industrial prior to 1992. APCo uses the property for electricity transmission lines and a small substation. Topography/Vegetation – The topography of the site is generally flat, with gentle slopes up and to the south toward the southern portion of the 16.7 acres. Peaceful Drive is elevated above the site. The floodplain of the Roanoke River affects some areas in the northern and eastern corners of the site. The site is wooded, with approximately half the acreage containing dense mature evergreens. The balance of the site contains mixed deciduous and evergreen growth. Surrounding Neighborhood – Property to the north is zoned I-2, High Intensity Industrial District, and includes an electricity transmission line. Property to the east, across the Norfolk Southern railroad, is also zoned I-2, and is vacant. The Roanoke River lies to the east of the vacant property. Property to the south is also zoned I-2, and contains a small electric substation, and transmission lines. Property to the west, across Peaceful Drive, is zoned I-2, and contains the Spring Hollow water treatment plant. Other property to the west, across Peaceful Drive, is zoned I-2, and is vacant. 2 Beyond the adjoining properties, the closest residential homes are located on Peaceful Drive, approximately 1,500 feet from the site, and along West River Road, across the Roanoke River, approximately 1,000 feet from the site. ûîûðãéóéíöìêíìíé÷øø÷æ÷ðíìï÷îè Site Layout/Architecture – The petitioner’s concept plan shows proposed locations of the asphalt plant equipment and structures, material stockpile areas, and a perimeter driveway for truck traffic. The plant control building is shown as the northernmost structure. Liquid asphalt and diesel fuel storage tanks are depicted to the south of the control building. The diesel fuel tanks would only be used for plant operations and off-road equipment used on site, and not a fueling station for dump trucks. Conveyor systems, aggregate drying drum, asphalt mixing drum, filter fabric bag house, and other production structures are shown to the south of the storage tanks. Two asphalt storage silos, which are the tallest structures at 75 feet, are shown located to the west of the other production structures. The petitioners have indicated that all structures would be painted either black, dark brown or dark green. Substantial conformance with the site plan, including maximum height of structures and structure colors are suggested conditions of the special use permit. The concept plan also depicts locations of the 100-year floodplain and the Roanoke River Conservation Overlay District. The floodplain encroaches on the northern and eastern corners of the site, but does not affect or limit the proposed land use. While the proposed land use is not specifically prohibited in the Roanoke River Conservation Overlay District, the petitioner proposes to locate all the production facilities and structures, as well as any recycled asphalt storage outside the limits of the overlay district. The concept plan also shows locations of proposed buffer yards. As required by the zoning ordinance, a buffer yard is shown where the site adjoins other properties. Buffer yards are not required where land uses adjoin public rights of way. Two buffer yard choices are available for the proposed use: either a 75-foot buffer yard with required landscaping, or a 50-foot buffer with 6-foot screening and required landscaping. The 75-foot buffer option is shown on the concept plan. Access/Traffic Circulation – Access would be via a new driveway entrance from Peaceful Drive. Truck traffic would travel to and from the site by way of West Main Street, West River Road and Peaceful Drive, so as not to pass by any residences. VDOT staff have commented about minimum required site distance from the proposed driveway, as well as possible turn lane warrant analysis during site plan review. All other applicable requirements would apply to the land use permit for a new commercial entrance. VDOT staff comments are attached for reference. VDOT staff and Foxhall Properties, LLC representatives also have visited the intersection of West River Road and West Main Street to review existing highway signage and intersection sight distance. VDOT staff also provided recent accident history at the intersection. At an estimated 50 trucks entering and leaving the site per day, the proposed use is below the 2500 vehicles per day and 250 vehicles per hour thresholds, and would not require a traffic impact analysis per VDOT Chapter 527 regulations. Fire & Rescue/Utilities –Roanoke County Fire and Rescue Department commented about provision of adequate vehicular access for fire apparatus, as well as water for fire protection. Tank permits for diesel fuel storage would be issued through the fire marshal’s office. The site would be served by private well and septic system. Public water is available in West Main Street, with the closest hydrant located at the intersection of Harwick Drive and West Main Street. 3 Western Virginia Water Authority staff commented that stormwater discharge from the site would enter the Roanoke River at least a half mile downstream from the Spring Hollow Reservoir intake, and that the proposed land use would not have an adverse impact on the Spring Hollow water system. Community Meeting – A community meeting was held on October 12, 2009, at Glenvar Middle School. A presentation by county staff and the petitioners described the legislative process and proposed development. Approximately 50 citizens attended the meeting. Citizens asked questions about noise levels, truck traffic, hours of operation, proximity of floodplain, air quality, other facilities that Adams Construction operates, lighting, and choice of the proposed site. Other general comments about industrial land uses in Glenvar were also expressed. ùíîöíêïûîù÷åóèôêíûîíñ÷ùíçîèãùíïïçîóèãìðûî The Roanoke County Comprehensive Plan designates the property as Principal Industrial. The Principal Industrial future land use designation applies to areas where a variety of industry types are encouraged to locate. Principal Industrial areas are existing and planned regional employment centers and are distributed throughout the county, convenient to major residential areas and suitable highway access. Encouraged land use types include manufacturing and storage of agricultural products, small industries and custom manufacturing, mining and extraction, conventional industrial uses and storage yards, and industrial parks. The proposed development conforms with the policies and guidelines of the Principal Industrial future land use designation. éèûööùíîùðçéóíîé In the Roanoke County Zoning Ordinance, general standards for special use permits require evaluation of the proposal with regards to conformance with the comprehensive plan, and other county policies, including purposes of the zoning ordinance. In addition, the Planning Commission and Board of Supervisors are asked to evaluate whether the proposal has a minimum adverse impact on the surrounding neighborhood. Specific to asphalt plants, the zoning ordinance requires the Planning Commission and Board of Supervisors to specifically consider and set standards for structure height and any necessary increased setbacks, specific measures to control dust, and specific levels of noise permitted. The proposed special use permit conforms generally with the Principal Industrial future land use designation of the Comprehensive Plan, and with the purposes of the I-2 zoning district. Suggested conditions of the special use permit would address structure height, dust control and maximum noise levels. Other suggested conditions are related to citizen comments, concerns and suggestions, as well as county staff interaction with the petitioner regarding construction and operation of the facility. ùûé÷îçïú÷ê ìê÷ìûê÷øúãøÛÆÓØôÍÐÐÛØÛÃ ô÷ûêóîõøûè÷éìùîÍÆ×ÏÚ×Ê úíéîÍÆ×ÏÚ×Ê ûèèûùôï÷îèéûÌÌÐÓÙÛÈÓÍÎïÛÈ×ÊÓÛÐÉ û×ÊÓÛÐïÛÌ öÇÈÇÊ×ðÛÎØçÉ×ïÛÌ âÍÎÓÎÕïÛÌ öÍÄÔÛÐÐùÍÏÏÇÎÓÈÃï××ÈÓÎÕð×ÈÈ×Ê æøíèÙÍÏÏ×ÎÈÐ×ÈÈ×Ê ó âÍÎÓÎÕøÓÉÈÊÓÙÈê×ÕÇÐÛÈÓÍÎÉ ÷ÏÛÓÐÉÛÎØÐ×ÈÈ×ÊÉÊ×ÕÛÊØÓÎÕÌ×ÈÓÈÓÍÎ æÓÊÕÓÎÓÛø÷ëûÓÊì×ÊÏÓÈûÌÌÐÓÙÛÈÓÍÎöÍÊÏÖÍÊûÉÌÔÛÐÈìÐÛÎÈÉ 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 17, 2009 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE OPERATION OF AN ASPHALT PLANT LOCATED AT 6090 PEACEFUL DRIVE (TAX MAP NO. 72.02-2-2) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF FOXHALL PROPERTIES, LLC WHEREAS, Foxhall Properties, LLC has filed a petition for a special use permit for the operation of an asphalt plan to be located at 6090 Peaceful Drive (Tax Map No. 72.02-2-2) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 2, 2009; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 27, 2009; the second reading and public hearing on this matter was held on November 17, 2009. 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 Foxhall Properties, LLC for the operation of an asphalt plant to be located at 6090 Peaceful Drive in the Catawba 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 with the following conditions: a) The site shall be developed in substantial conformance with the Foxhall Properties, LLC Roanoke County, Virginia concept plan by HSMM/AECOM, Page 1 of 1 dated September 4, 2009. The special use permit shall only apply to the 16.7 acre parcel depicted on said concept plan and more particularly described in the metes and bounds description submitted with the application. b) No administrative waivers shall be allowed for required landscaping, screening or buffer yards. c) Prior to receipt of final zoning compliance, Foxhall Properties, LLC shall provide to Roanoke County Community Development a copy of the Stationary Source Air Permit from the Virginia Department of Environmental Quality. d) Maximum height of the asphalt storage structures shall be 75 feet, including all conveyor structures. e) A filter fabric bag house shall be installed to control particulate emissions. f) Noise levels shall not exceed 85 dB at the property lines, excluding vehicle warning devices. Prior to receipt of final zoning compliance, Foxhall Properties, LLC shall certify plant operation noise levels at the property lines. g) Water suppression methods, including but not limited to water trucks, shall be used to control dust generated by the movement of material stock. h) Diesel fuel stored on site shall only be used for plant operations and off-road equipment used on site. i) Exterior lighting shall only illuminate production structures and areas, and for perimeter security purposes. j) Signage shall be limited to one monument style sign, located near the facility entrance, with a maximum height of 6 feet and maximum width of 10 feet, Page 2 of 2 k) All new asphalt plant equipment and structures shall be painted black, dark brown or dark green. 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. Page 3 of 3