HomeMy WebLinkAbout5/10/2011 - RegularMay 10, 2011 251
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of May 2011. Audio and video recordings of
this meeting will be held on file for a minimum of five (5) years in the office of the Clerk
to the Board of Supervisors.
IN RE: CALL TO ORDER
was taken.
Chairman Church called the meeting to order at 3:00 p.m. The roll call
MEMBERS PRESENT: Chairman Joseph B. "Butch" Church; Vice Chairman
Charlotte A. Moore; Supervisors Michael W. Altizer, Richard
C. Flora, Eddie "Ed" Elswick
MEMBERS ABSENT: None
STAFF PRESENT: B. Clayton Goodman III, County Administrator; Diane D.
Hyatt, Assistant County Administrator; Daniel R. O'Donnell,
Assistant County Administrator; Teresa Hamilton Hall,
Director of Public Information; Paul M. Mahoney, County
Attorney; Deborah C. Jacks, Clerk to the Board
IN RE: OPENING CEREMONIES
The invocation was given by Pastor Ed Dunnington of Christ the King
Presbyterian Church. The Pledge of Allegiance was recited by all present.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Proclamation declaring the week of May 15 through 21, 2011, as
Emergency Medical Services Week in the County of Roanoke
(Richard E. Burch, Jr., Chief of Fire and Rescue)
In attendance for this proclamation were Chief Richard E. Burch, Jr.;
Division Chief Dustin Campbell; EMS Battalion Chief Bill Duff; EMS Captain Barry
Hurley; Chaplain Bart Weakley; Captain Eddie Chitwood; Paramedic /Firefighter
Raymond Wells; Firefighter /EMT Kurt Kipley; Firefighter /EMT Todd Hansen;
252 May 10, 2011
Firefighter /EMT Drew Willis and Jennifer Sexton, Volunteer Recruiting /Marketing. Each
Supervisor thanked the group for their service.
IN RE: NEW BUSINESS
1. Resolution of the Board of Supervisors of the County of Roanoke,
Virginia approving a Development Agreement for the South Peak
Community Development Authority (Paul M. Mahoney, County
Attorney)
Mr. Mahoney outlined this is a draft resolution for a development
agreement for the South Peak Community Development Authority (CDA). In
attendance were Angela Stanfill and Craig Penney to answer any questions the Board
had. Mr. Mahoney explained this agreement addresses the details of the construction
of the public improvements, sets a process where the developer will submit plans, and
when approved the CDA will approve and pay if they met the terms and conditions. He
also advised there is a failsafe whereby if the new tax revenue does not pay the bonds,
then special assessments will be done. Additionally, Mr. Mahoney noted a special
assessment ordinance will need to come before the Board. He also stated he is
anticipating needing a few more changes; this is the substance of the transaction.
RESOLUTION 051011 -1 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA APPROVING A DEVELOPMENT
AGREEMENT FOR THE SOUTH PEAK COMMUNITY DEVELOPMENT
AUTHORITY
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the
"County ") on August 24, 2010, created the South Peak Community Development
Authority (the "CDA ") pursuant to the Virginia Water and Waste Authorities Act,
Chapter 51, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act "), to
finance certain infrastructure improvements benefiting property within the CDA District
(the "CDA District "), including, but not limited to, public road and intersection
improvements, public utilities (including water, sewer, gas and electric lines), parking
facilities, curbs, gutters, sidewalks, traffic signals, storm water management and
retention systems, street lights and landscaping improvements (collectively, the "Public
Improvements "); and
WHEREAS, Slate Hill I, LLC (the "Developer ") proposes to undertake, on
property of approximately sixty two point five (62.5) acres located in the CDA District,
the development of a mixed -use project consisting of commercial, retail and residential
components, to be supported by the Public Improvements; and
WHEREAS, the Developer proposes to enter into a Development, Acquisition
and Financing Agreement (the "Development Agreement ") among the Developer, the
County and the CDA to provide for the construction of the Public Improvements by the
May 10, 2011 253
Developer, their conveyance to the CDA upon completion and the financing of the
Public Improvements through the issuance of revenue bonds by the CDA:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
Article I. Representations and Findings. The Board of Supervisors hereby finds
and determines that providing the Public Improvements is necessary or desirable to
meet the increased demands placed on the County as a result of development within
the CDA District.
Article II. Approval of Development Agreement. The Development Agreement is
hereby approved in the form on file with the County Administrator. The Chairman of the
Board of Supervisors and the County Administrator, either of whom may act, are hereby
authorized and directed to execute and deliver the Development Agreement with such
completions, omissions, insertions and changes not inconsistent with this Resolution as
may be approved by the officer executing the Development Agreement, his execution to
constitute conclusive evidence of his approval of any such completions, omissions,
insertions and changes. The officers and employees of the County, or their designees,
are authorized to execute and deliver on behalf of the County such instruments,
documents or certificates, and to do and perform such things and acts, as they shall
deem necessary or appropriate to carry out the transactions authorized by this
Resolution or contemplated by the Development Agreement; and all of the foregoing,
previously done or performed by such officers or agents of the County are in all
respects approved, ratified and confirmed. Approval of the Development Agreement
pursuant to this Resolution does not constitute approval of the issuance of any bonds by
the CDA.
Article III. Effective Date. This Resolution shall take effect immediately.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance to appropriate funds for the fiscal year 2011 -2012
budget and approval of the Classification Plan for fiscal year
2011 -2012 (W. Brent Robertson, Director of Management and
Budget)
Mr. Robertson explained this is the first reading of an ordinance to
appropriate funds for the fiscal year 2011 -2012 budget and approve the Classification
Plan for fiscal year 2012. Mr. Robertson explained the only change from work session
was the County Administrator's allocation to Virginia Department of Transportation
254 May 10, 2011
(VDOT) revenue sharing, of which only $100,000 will be needed. The remaining
$200,000 will be reallocated as follows: $19,000 — Roanoke Regional Partnership;
$70 — Employee Benefits for Line of Duty and the remaining $111,000 would be set
aside for maintenance.
Supervisor Altizer requested Mr. Robertson explain to the viewing
ordinance the terms interfund and intrafund, which Mr. Robertson explained were
accounting treatments for governmental accounting for transfers to the Roanoke County
School system, which they retain on their records as well. This alleviates double
booking. There was no further discussion.
Chairman Church moved to approve the first reading and scheduled the
second reading for May 24, 2011. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
2. Ordinance to amend the Roanoke County Zoning Ordinance
(John Murphy, Zoning Administrator)
Mr. Murphy explained the recommended amendments to the Zoning
Ordinance. He advised that the Planning Commission had approved five to zero (5 -0)
on April 5, 2011. There was no discussion.
Supervisor Moore moved to approve the first reading and scheduled the
second reading for May 24, 2011. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
3. Ordinance amending the Roanoke County Code Chapter 13.
"Offenses — Miscellaneous ", Article I. "In General ", Section 13 -4.
"Discharge of firearms, air guns, etc., generally" by the addition
of a new section numbered 13 -4.1. "Discharge of firearms near
dwellings" (Paul M. Mahoney, County Attorney)
Mr. Mahoney explained this ordinance would prohibit the discharge of
firearms within one hundred (100) yards of homes and occupied dwellings. It has been
prepared at the request of Chairman Church. Currently, the Roanoke County Code
declares it unlawful to discharge firearms within the County, except when lawfully
hunting, when safely engaged in target practice or when lawfully and safely shooting on
a licensed range or shooting match. It is also unlawful to shoot any firearm in or along
or within one hundred (100) yards of any road or street in the County. It is unlawful to
hunt or trap within one hundred (100) yards of any primary or secondary highway in the
May 10, 2011 255
County. Finally, it is unlawful to hunt within one hundred (100) yards of any public
school or County park.
Supervisor Altizer stated he supports the first reading, but suggested that
a work session be held before it goes to second reading. He advised he is concerned
with regard to the rural areas and good prime hunting land could be reduced for people
with large tracts of land and he would like to understand the ramifications for these
areas and how much of a reduction they would have for hunting.
Chairman Church stated the ordinance does not include discharging a
firearm on your own property and asked Mr. Mahoney to verify, which Mr. Mahoney did.
Supervisor Elswick stated he agreed on the work session because he is
unclear on what motivated this change. He explained he and his neighbors shoot from
their own decks for target practice or if a coyote is sited.
Supervisor Flora stated he can see what the concerns are, but the
discussion is about people who do random shooting that have no permission
whatsoever, people that like to shoot guns. He also feels a work session is appropriate
as more clarification is needed.
Chairman Church explained the reason this has come up was a family in
the Catawba District noted someone out with a high - powered rifle, not hunting but firing
at random and scared the children. Accordingly, Mr. Mahoney was contacted and
advised there was already a restriction of one hundred (100) yards from a highway or
road and he stated he feels the public is more important than a highway or a road and
thinks a work session would be good
Chairman Church moved to approve the first reading and requested a
work session to be held prior to the second reading of this ordinance. The motion
carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
4. Ordinance amending Chapter 4. "Amusements ", Section 4 -4.
"Definitions ", Section 4 -11. "Security" and Section 4 -13. "Entry
and inspections; enforcement; penalties" of the Roanoke County
Code to provide for security, inspection and penalties for the
failure to maintain private swimming pools (Paul M. Mahoney,
County Attorney)
Mr. Mahoney explained this ordinance was requested by the County
Administrator to address the problem of owners of private swimming pools failing to
maintain these facilities and allowing the growth of algae and the creation of breeding
areas for mosquitoes. He advised this appears to be more prevalent as properties are
foreclosed upon; otherwise abandoned. Mr. Mahoney also noted this has been
discussed with Joel Baker, the Building Commissioner and he is in agreement.
256 May 10, 2011
Supervisor Flora stated that one of the reasons this has arisen is due to
an issue in Bonsack, where the owners walked away from the home and abandoned the
pool full of water. He noted that under new construction the builder must adhere to
certain rules to make sure that it is done right. Now, there is a maintenance issue and
there are no provisions for safely maintaining these pools. Supervisor Flora stated he
thinks a work session is appropriate to help educate the Board on this issue.
Supervisor Altizer commented he agrees a work session would be good.
He advised that one thing he would like to have at the work session is a definition of
"adequately secured."
Supervisor Moore stated she concurs that a work session would be
appropriate as she has several questions.
Chairman Church asked Mr. Mahoney and Mr. Baker, Building
Commissioner, when insurance companies look at insuring a home with a pool, there
are rigid requirements and is the County getting into the same area with Mr. Mahoney
advising in his experience in many of the private pool issues, the County has relied on
the insurance industry. He advised the current County Code pertained to public pools
and safety issues toward the swim clubs. In regard to private pools, it was tied to
common sense to protect themselves in concert with their insurance company.
Mr. Baker advised new pools that are installed now are required to have a
permit; and are checked for fences, etc. Last year, during Building Safety Month pool
safety was stressed.
Chairman Church advised he wanted the viewing audience to see that the
Board is not trying to set stringent guidelines on the private homeowner; that is not our
purpose, which Mr. Baker confirmed and stated the real issue is the pools that are no
longer being maintained and have degraded to the point they are a health hazard to the
neighbors and the public in general because there is no one there to take care of it. He
further indicated he has not received any complaints on an occupied property. He
indicated the County has no means to address the abandoned pools and no penalties
for non - compliance.
Supervisor Flora moved to approve the first reading and requested a work
session prior to the second reading. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
5. Ordinance authorizing the granting of a fifteen foot utility
easement to Appalachian Power on property owned by the
Roanoke County Board of Supervisors (Tax Map No. 097.05 -01-
26.00) for the purpose of an underground electric power line to
the new South County Library facility, Cave Spring Magisterial
District (Paul M. Mahoney, County Attorney)
May 10, 2011 257
Mr. Mahoney explained the reason for the ordinance as outlined in the
Board report. There was no discussion. Supervisor Moore moved to approve the first
reading and schedule the second reading for May 24, 2011. The motion carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance authorizing the purchase of approximately two (2.0)
acres of real estate (Tax Map No. 79.01 -4 -22) from K.W. and Nancy
A. McNeil for library purposes and appropriation of $306,000 from
the Major Capital Fund, Vinton Magisterial District (Diane D. Hyatt,
Assistant County Administrator)
Ms. Hyatt explained the purchase of this property was for library purposes.
The only change from the first reading was the appropriation amount increased from
$304,000 to $306,000 as a result of testing. There was no discussion. No citizens
spoke on this agenda item.
ORDINANCE 051011 -2 AUTHORIZING THE PURCHASE OF
APPROXIMATELY TWO (2.0) ACRES OF REAL ESTATE (TAX
MAP NO. 79.01 -4 -22) FROM K. W. AND NANCY A. MCNEIL FOR
LIBRARY PURPOSES, VINTON MAGISTERIAL DISTRICT
WHEREAS, on April 15, 2011, Roanoke County entered into a contract of sale,
subject to approval by the Board of Supervisors, with K. W. and Nancy A. NcNeil for the
purchase of approximately 2.0 acres of real estate for the purchase price of $300,000 in
the Vinton Magisterial District for library purposes; and
WHEREAS, the County now wishes to approve and ratify the execution of said
contract and purchase this real estate; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on April 26, 2011, and the second reading was
held on May 10, 2011; and
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the contract of sale dated April 15, 2011, for the acquisition of
approximately two (2.0) acres of real estate (Tax Map No. 79.01 -4 -22) for the sum of
$300,000 is hereby approved and ratified and further that the acquisition of said real
estate is hereby authorized and approved.
258 May 10, 2011
2. That the sum of $306,000 is available in the Major Capital fund to pay all
of the costs of this acquisition, and is hereby appropriated for this purpose. This
amount is for the purchase price of this real estate and for the various closing costs to
complete this transaction.
3. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: APPOINTMENTS
Parks, Recreation and Advisory Commission - Chairman Church
appointed Larry Peterson to fill the unexpired term of David Watt, which expires June
30, 2012. Confirmation was placed on the Consent Agenda
IN RE: CONSENT AGENDA
RESOLUTION 051011 -3 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- 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 May 10,
2011, designated as Item I Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 -2, as follows:
1. Approval of Minutes — April 12, 2011
2. Confirmation of appointment to the Parks, Recreation and Tourism
Advisory Commission
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: REPORTS
May 10, 2011 259
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Proclamations signed by the Chairman
IN RE: CLOSED MEETING
At 3:58 p.m., Chairman Church moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia Section Section 2.2- 3711.A.3
Discussion or consideration of the acquisition of real property for a public purpose, or of
the disposition of publicly held real property, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the public body
and Section 2.2- 3711.A.5. Discussion concerning a prospective business or industry or
the expansion of an existing business or industry where no previous announcement has
been made of the business' or industry's interest in locating or expanding its facilities in
the County. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
The closed meeting was held from 6:07 p.m. until 6:50 p.m.
IN RE: WORK SESSIONS
At 3:59 p.m. Chairman Church recessed to the fourth floor for work
sessions and closed meeting.
1. Work session to discuss the impact of passing along the
employee portion of the Plan 2 Virginia Retirement System (VRS)
contribution rate to employees (Diane D. Hyatt, Assistant County
Administrator)
In attendance for this work session were Diane D. Hyatt, Assistant County
Administrator; Mr. B. Clayton Goodman III, County Administrator; Daniel R. O'Donnell,
Assistant County Administrator; Rebecca Owens, Director of Finance; Joseph Sgroi,
260 May 10, 2011
Director of Human Resources; Anita Hassell, Manager of Human Resources and Laurie
Gearheart, Assistant Director of Finance. The work session was held from 4:18 p.m.
until 4:35 p.m. Ms. Hyatt explained this was the second work session on this issue and
is also an agenda item for action at tonight's meeting. She explained this pertains to the
passing of the five percent (5 %) employee portion of the Virginia Retirement System
(VRS); this would affect all employees hired after July 1, 2010, approximately forty (40)
employees currently and all future employees. These employees were advised of this
upon being hired. Ms. Hyatt then reviewed the attachments in the agenda package, a
copy of which is on file in the Clerk to the Board of Supervisors office. She advised it is
staff's recommendation to pass along the five percent (5 %) employee contribution to the
Plan 2 employees and suggested a salary supplement be paid in the 2011 -2012 fiscal
year of five percent (5 %) in two (2) installments. Additionally, Ms. Hyatt noted anyone
hired after today would be hired with the knowledge they would be responsible for their
own five percent (5 %) contribution. She also noted the School Board would be
considering this at their next meeting and all indications are they will pass it.
Supervisor Altizer stated no argument could be made with the numbers
and if the School Board does the same, it would be significant savings. Additionally, he
noted he believes this is something that will eventually come through from the State
level. Also, if something is not done now, the forty (40) employees will become eighty
(80) and on and on. He explained the four point nine nine percent (4.99 %) would
become twenty percent (20 %) on a $40 million payroll for just one line item. He further
added he thinks the budget will be tighter next year, and we must do everything we can
to position Roanoke County as we have in the past which has enabled us to weather
the hard times when other localities could not.
Mr. Goodman stated he reluctantly agrees, he does not like it, however
the numbers cannot be ignored. He stated it is his recommendation to proceed with the
action at the Board meeting scheduled for this evening. He clarified with the magnitude
of the numbers; it is a major savings to the citizens.
Chairman Church stated this is something that weighs heavy on him;
anything that has an adverse effect does, and it is not something he wants to do. He
noted that no one single department is being singled out, it is going to be universal
across the Board. Additionally, he noted how quickly the numbers had escalated from
twenty eight (28) in February to forty (40) in May.
Supervisor Moore stated she does not like it either, but agrees with Mr.
Goodman that the savings cannot be ignored. She stated that these forty (40)
individuals be compensated as best the County can.
Chairman Church stated that a four to five percent (4 -5 %) supplement has
been discussed. Additionally, these employees will be receiving a four percent
supplement and between that check and half of the five percent (5 %) in July, they will
have had two checks and another in July, altogether a nine percent (9 %) supplement.
Supervisor Flora stated he would like to restate his position on this issue.
He advised until the General Assembly took action this year, Roanoke County had to
May 10, 2011 261
offer every employee the same fringe benefit; now the State is stating you can create
more than one class of employee. He stated he has a problem with the equality;
employees should never be about the numbers. He indicated if it is all about saving
money, just reduce staff.
Supervisor Elswick stated he agreed with everybody, but it is regrettable
as it is, it is something that must be done. The newly hired employees will understand
at the beginning, which should make us feel a little better.
Supervisor Flora indicated if we were doing this for every employee, he
would vote for it. Mr. Goodman explained that they are prohibited by the State from
doing that.
It was the consensus of the Board to bring this item before the Board at
the 7:00 p.m. meeting. Finally, Ms. Hyatt indicated that if the action is approved at
tonight's Board meeting, the action to award a supplement will be attached to the Board
action for the next meeting with the Budget appropriation.
2. Work session on Roanoke County's Development Standards,
which exceed the State's minimum requirements ( Tarek Moneir,
Deputy Director of Development Services)
In attendance for this work session was Tarek Moneir, Deputy Director of
Development Services; Mr. B. Clayton Goodman III, County Administrator; Mr. Arnold
Covey, Director of Community Development and Mr. Joel Baker, Building
Commissioner. The work session was held from 4:36 p.m. until 5:21 p.m. Mr.
Goodman explained Mr. Moneir will outline where the Roanoke County Development
Standards exceed that of the State's minimum requirement. Mr. Goodman pointed out
that the section on the new Fire Code would be postponed until a later date, as the new
Fire Codes were just handed out for the first time last week and staff is still reviewing.
Mr. Moneir and Mr. Covey provided the Board with a PowerPoint
presentation, a copy of which is on file in the office of the Clerk to the Board of
Supervisors. Mr. Covey indicated the key issues that would be focused on more would
be the erosion sediment control, stormwater as well as steep slope development.
Mr. Moneir identified the requirements above and beyond the State's
minimum requirements and identified the most cost effective development regulations
that protect the citizens.
Supervisor Altizer stated if he understood this information correctly, if
someone wants to build on a flat piece of land on Fallen Creek, that person would be
held to the same standards as it relates to the square footage as someone that is sitting
up on the side of the mountain. Mr. Covey responded it is based on disturbed acreage,
but the difference there would the slope requirements on the side of the mountain. If it
is a flat piece of land, it is based on disturbed area and they still have to address the
erosion, sediment control, but the thing to keep in mind is the practices that are
implemented versus on the slope and the flat piece of land; and each situation is
262 May 10, 2011
evaluated based on the topography and the topography information they provide when
they submit their plan. Supervisor Altizer then clarified that the amount of disturbed
square footage would be the same.
Supervisor Flora stated when looking at 5,000 square feet, and there is a
relatively level lot, are they still required to have a Certified Land Disturber and the other
things that go with it if you are building on the side of the mountain. Mr. Covey
responded they would need to have a Certified Land Disturber, a landscape architect or
a professional engineer to verify and submit the plan for approval.
Supervisor Elswick asked if Mr. Covey and Mr. Moneir are aware of a stop
work order for a piece of land that Dave Higgenbotham was clearing last week. He
stated he has looked at the order and Roanoke County stopped Mr. Higgenbotham from
moving the dirt and he had to put a plastic barrier up. Mr. Baker advised the reason he
was stopped was because he was tearing down a building and was burying it, which is
a Department of Environmental Qualified (DEQ) violation by creating a landfill.
Supervisor Elswick inquired what did the County do. Mr. Baker advised that Mr.
Higgenbotham was advised he could not bury the building. Supervisor Elswick then
inquired what did the County do next. Mr. Baker stated he assumed that the inspector
looked at the site. Mr. Covey advised there were two parts of this issue, if you demolish
a building, a permit is needed the second part is if you are demolishing a building and
grading and disturbing land, an erosion and sediment control permit is required The
erosion and sediment control permit is based on disturbed land. The plan is to control
the sediment and the plan of action, once the project is done is to seed it and to
restabilize it. Mr. Baker advised that Mr. Higgenbotham did have a permit, but it was
not posted.
Supervisor Elswick inquired if the County has somebody that does what
the architect does; can we use our own judgment. He advised the reason he asked if
there were two citizens on Mount Chestnut that built houses and the yards were not
really steep, but they had flagged both yards as to what they were going to do to
improve the yard whereby they could mow the grass and the inspector said he could not
approve it because it needed to be approved by an architectural engineer. He advised
it cost $2,000 and he approved exactly what they had laid out. Supervisor Elswick
stated he was wondering if we could not make some of those judgments without the
citizen having to pay that kind of money for an architect.
Mr. Moneir responded by stating the County cannot approve plans that are
prepared by the County. The County can prepare plans, but it not our responsibility to
prepare plans for a homeowner. If an inspector goes onto the site or an engineer visits
a construction site and basically arbitrarily or based on professional experience, he
might provide the owner with suggestions. The private engineer has to verify the
calculations, sign off and propose to the County the solutions to control the erosion and
sediment based on land disturbance.
Supervisor Elswick then asked if the land owner can submit the plans
themselves, could the County not approve. Mr. Monier responded by stating only if the
May 10, 2011 263
person is certified by the State. He further advised that anyone can get certified by the
State if they really know what they are doing. Mr. Goodman responded that the
average citizen cannot or would not. Supervisor Elswick then asked if they could ask
their neighbor to get certified, all that person has to do is request certification. Mr.
Covey responded it is an online test. Mr. Covey stated a homeowner basically can do
in lieu of the plan for less than 5,000 square feet of disturbance. Supervisor Elswick
responded he thought it was larger than 5,000 square feet. Mr. Covey replied when you
get into larger acreage, rolling land and a lot of other things there are a lot of things that
come out of the woodwork that you need to make sure the person has a good plan.
They need to be looking at the soil, in some parts of the County, Falling Creek is a
prime example, the whole mountainside was nothing but sand, which was very hard to
control. He added there are some places in Roanoke County that are clay; soil
conditions play into the whole stabilization factor as well and how you cut and fill. A lot
of people try to fill in ravines. These things need to be looked at. He stated another key
is to make sure what they are doing is not going to affect the adjacent property owner.
Supervisor Elswick stated he just wondered if Roanoke County went too far, explaining
if you look at what the Virginia Department of Transportation is doing on Route 221,
Roanoke County would never approve what they are doing and he hates to see an
impact on citizens when it might not be necessary, maybe we are trying to be too good.
Mr. Goodman asked Mr. Covey to explain the prior regulation. Mr. Covey
explained there was in lieu of plan agreement and you would fill that out and they are
responsible for the erosion and sediment control. Unfortunately, there were a great deal
of complaints from adjacent property owners regarding erosion, mud. Since this new
process has been implemented, the complaint basis on the neighbors has gone down.
He stated he knew it was an impact to the homeowner because it is an additional
expense. Mr. Moneir explained the previous plan was complicated and time
consuming.
Mr. Goodman asked if he had one hundred (100) acres and built a house
right in the middle of it, hypothetically, and if disturbing more than 5,000 square feet
around the house and no one is within a mile of the property, do I still need to get a
certified RLD, LA or PE with Mr. Covey responding in the affirmative.
Ms. Moore indicated it should be a lot less expensive for the landowner in
the long run. She stated she felt the County needed to be cautious to avoid certain
things from happening.
Mr. Goodman then advised the next section was on fire protection and he
wanted Mr. Covey and Chief Burch to review before discussing further.
Supervisor Altizer then inquired what is done in a rural area when
someone wants to buy a house, but there is no public water. Mr. Goodman stated he
was not sure. Chief Burch asked if the Board would please let them review the new
regulations before answering any questions. Supervisor Altizer then asked what would
be done under the old regulations. He advised that the County's land base is dwindling
and people are moving to rural areas, how do we measure it right now as to whether a
264 May 10, 2011
building permit can be issued. Are there any requirements they would have to meet for
fire protection? Gary Huffman responded it would not be addressed for one property
owner, only if it were a subdivision, which would be four more houses. He added if
there is no water supply, there are other methods that can come into play to provide fire
protection and there are other standards that can be adopted, which has been done in
the past. For example, Bent Mountain does not have public water, but they have the
ability to create ponds and draft sites. Supervisor Altizer remarked he wanted a
baseline to compare to the new regulations. Mr. Goodman responded that will be done.
Supervisor Altizer indicated the new construction in Falling Creek does not
seem to have the problems the older subdivisions had. He stated he understands that
on a steep slope you can expect to pay more, however, he has a problem when more
cost is being put on smaller pieces of property that do not fit into that category and has
the type of runoff from something that is virtually flat, not a lot around it, not expected to
have a lot of runoff. He stated an ordinance in a perfect world, for rezoning, a special
use permit can be used because we know ordinances do not fit every piece of property
in Roanoke County. He asked if there was a way that staff can go back and look at
some of these, where there is discretion on what you can do or if we could lower it
because all pieces of property are not created equal. He further clarified from his
perspective, he just wants the County to be fair and if it takes a little exercise to get in
there and find out what can be done and what are the right things. He stated Mr. Covey
had mentioned all the complaints subdivisions had years ago, but stated he did not
know how many complaints were received when we were disturbing less than 10,000
square feet. Mr. Covey responded the major complaints came from subdivisions. He
advised staff gets less complaints on 10,000, i.e. there were no complaints on Walmart,
but if you go to a residential area there are more complaints. He explained the
difference is on construction such as Walmart there are contractors assigned to that, but
on residential it is basically the responsibility of the builder and he may not always be
there. There are subcontractors going in and out, silt fences get torn down and they do
not go back and check. Mr. Covey then stated his understanding of what Supervisor
Altizer is saying is that from 2,500 to 5,000 is probably where the certification and more
engineering requirements are. He stated the key thing is to get the right plan; a lot of
people do not have the tools to prevent certain issues. When staff looks at a plot plan,
they are looking at the drainage around the house, coming off of the house and concern
must be given on how the water will be discharged on small lots, making sure the
property is graded properly to the street or to a natural swell on the sides. He stated the
homeowner will not have this information; it will either be the County, who will use their
topography map or aerial photography. We do have inspectors in the field constantly.
Supervisor Elswick stated he is in agreement with Supervisor Altizer and
stated he thinks the Board should look at some instances, and he has a couple that he
will bring in. He stated staff might learn something in the process.
Mr. Covey stated we do get people that have ten acres and want to put a
house in middle and staff tried to use good discretion on those. He further clarified that
May 10, 2011 265
they have gone on cases where they put in a single - family house and have disturbed
the ten (10) acres.
Supervisor Altizer then asked if there were ever any cases out there that
the inspectors have said, "if I just had the authority, I think you could do this, this and
this." Mr. Covey responded inspectors have the authority to make those changes.
Supervisor Elswick asked if Mr. Covey knew when they make those
judgements with Mr. Moneir responding in the affirmative, as they are documented. He
stated he understood where Supervisor Altizer was coming from, but wanted him to
know that staff uses common sense, they work with the applicant and agree ninety -nine
percent (99 %) of the time, however there are some who attempt to go around the rules
and when they are caught, there is no option but to stop the work and start over.
Mr. Covey stated even on the citizens that obtain their own permits, that is
always a challenge, an inspector is assigned to meet with them and in the field and to
assist them in getting on the right path on the items they need to implement.
Mr. Goodman stated that he understood Supervisor Altizer has asked if it
was possible to make a distinction between steep slopes and a relatively flat parcel and
can we change or see if we have to require the same amount of standards or not.
Supervisor Altizer responded by stating in his perspective putting the same standards
on something that is called a good lot, level, etc. that it be judged by steep slopes of
Falling Creek, there is something wrong. Mr. Goodman responded part of the issue is
that there are steep slope issues, but also under the erosion and sediment, it is based
on square footage, whether it is on the side of a cliff or flat as a pancake. Staff can look
to see if any distinction can be made.
Supervisor Flora stated it appears when the County develops regulations;
the worst case scenario is taken into consideration and adopt the regulations
accordingly. He further clarified that any construction is going to impact, the issue is the
degree of impact; one size does not fit all. He advised he would like staff to go back
and revisit to see if something can be done to allow for flexibility.
3. Work session to discuss adopting Part III of the Virginia Uniform
Statewide Building Code — Virginia Maintenance Code ( Tarek
Moneir, Deputy Director of Development Services)
In attendance for this work session were Tarek Moneir, Deputy Director of
Development services; Mr. Arnold Covey, Director of Community Development; Mr. Joel
Baker, Building Commissioner, Mr. Paul Mahoney, County Attorney, Nicole Pendleton,
Planner II and Mr. B. Clayton Goodman III, County Administrator. The work session was
held from 5:22 p.m. until 5:56 p.m. Mr. Goodman explained this request came from a
Board member to discuss the possibility of adding on to our building code, the Virginia
Maintenance Code. He explained there are three sections of the State -wide building
code. He reiterated Roanoke County has not adopted the maintenance code.
266 May 10, 2011
Mr. Baker went through a PowerPoint presentation explaining the Virginia
Uniform Statewide Building Code, a copy of which is on file in the office of Clerk to the
Board of Supervisors. He explained there are three sections. The optional part of the
code is the enforcement.
Supervisor Elswick inquired if our zoning ordinance takes care of unsafe
structures, imminent collapse into account, for example if a communication tower is one
hundred (100) feet tall and is unsafe, imminent collapse. Mr. Baker advised it would be
investigated and if it was deteriorated to the point that it was going to collapse, the
County could condemn it and force the owner to either remove or correct. Mr. Covey
responded this would not fall under Zoning, but under Building. Mr. Elswick then asked
if it was condemned, would the County require ninety (90) days to make it safe. Mr.
Baker responded in the affirmative. Supervisor Elswick advised what if it was unsafe.
Mr. Baker responded if it was an immediate danger, the County could step in and take it
down and send the bill to the owner. Supervisor Elswick then asked if it was judgment
call because an ordinance typically reads ninety (90) days. Mr. Baker explained ninety
(90) days seems to be a reasonable amount of time.
Supervisor Altizer asked if Roanoke County had passed a nuisance
ordinance a few years ago that took care of "blighted" houses. Mr. Baker advised this
was included in the presentation.
Supervisor Flora stated the code is mandatory, but local option as to
whether or not to enforce, which seems a contradiction. He questioned since it is a local
option can you pick and choose from the Code what you want to enforce? Mr. Mahoney
responded there is a split of authority on that question. He stated he did not know the
answer to it, he replies on a friend of his who is a City Attorney, he does not think so,
however, there are some other City Attorneys who say you can pick and choose.
Supervisor Flora stated Roanoke County cannot be compared with Roanoke City
because their housing stock is entirely different. He also stated they have four hundred
(400) court cases a year and doubts Roanoke County has four hundred (400)
complaints in a year. Supervisor Flora stated Roanoke County has adopted some of it,
through the backdoor, i.e. the Green Valley issues. He stated in essence the whole
concept of the Code is to avoid blighted neighborhoods. Mr. Mahoney stated he thinks
"blight" is harder to meet though than some of the provisions under the property
maintenance code.
Mr. Goodman advised staff had also looked into grant funding, because
the people the most impacted would be the ones most likely not to be able to afford it.
Ms. Pendleton advised the grant opportunities that exist are really geared towards more
urban areas, with a lot lower incomes than Roanoke County has. Blacksburg,
Christiansburg and the City of Radford obtained their Community Development Block
Grants (CDBG) funds together because they are the urban area for Montgomery
County. Mr. Goodman explained that is entitlement. Home funding falls under that
because they have the same consolidated plan to obtain those funds. Roanoke County
does not have a consolidated plan through the U. S. Department of Housing and Urban
May 10, 2011 267
Development (HUD) like they do, like Roanoke City does. There are some State CDBG
funds, but they are not for planning purposes, they are directed at programs and
housing opportunities and substantial rehabilitation of existing structures, but nothing for
administration of programs.
Supervisor Flora stated the CDBG program also requires fifty -one percent
(51 %) low to moderate income. Accordingly, there are so few neighborhoods in the
County that this threshold would pertain and he guessed there may be one (1)
neighborhood in Hollins that could apply or in Vinton that might. He clarified those
specific neighborhoods would need to be targeted for a block grant and do a
neighborhood revitalization grant. He stated it would not be impossible, but when you
have to put together five or six (5 or 6) neighborhoods, it becomes difficult to administer.
Supervisor Altizer had a question regarding maintenance that "requires
normal and preventive maintenance" by the owner. He asked if the County would cite a
homeowner because eight or ten (8 or 10) pieces of siding blew off in a storm. Mr.
Baker stated it was possible. Supervisor Altizer then asked if they do not have the
money, are we then going to take them to court and fine them and they are not going to
be able to pay the fine, etc. Mr. Baker explained what is going to happen is that the
neighbors are going to call and say, "The siding is off and it looks bad, I want somebody
come out and look at it." It is not that staff would be out looking for it, but would have to
respond to a call.
Mr. Covey explained he thought the complaints were more extreme, it had
been going on for some time, i.e. a roof that needs to be repaired. He indicated every
time these situations are investigated it is usually the property owner does not have the
funds to fix the situation and it becomes very frustrating with the adjoining property
owners as they are concerned about the value of their property. Mr. Covey stated
Roanoke County is very fortunate that we do not have that many in Roanoke County,
but when it occurs it is a concern.
Supervisor Moore stated people are actually living in these houses that
are falling down, they do not have rails on their stairs, the roof is caving in and this is all
over the County. She stated she would like to gear this toward helping people, even if
we have to hold another work session. The properties are aging, the people are aging
and a lot of people cannot afford to maintain the property and not do it on a criminal
basis, but just as a civil matter. If we get a complaint, are there any grants, TAP, Arnold
Burton, something that staff could steer these people if they legitimately need help
repairing their homes, because they are living in them, they are unsafe, no sewer, no
water, the roof is caving in, the carport is caving in, etc. They really need help and she
would like to see Roanoke County work on something to where we could help them and
in turn help the neighborhood as well.
Supervisor Altizer then asked Mr. Mahoney to go back to Supervisor
Flora's question, stating he would like a definitive answer as whether you can pick or
choose. He stated he agreed there were people out there living in a dangerous
situation and he is having heartburn because they are the people that need some help
268 May 10, 2011
and if there is a way to get some help, we can. However, he does not want to see any
inspector giving someone a real rough time because they have four or five pieces of
siding off, or they have not painted around their eaves, etc. He stated he would like for
Roanoke County to figure out a way to help these people.
Mr. Goodman stated he would like to obtain the Board's consensus to
continue to pursue the grant opportunities, the home consortium and bring back to the
Board in late June or July.
Supervisor Altizer stated Mr. Goodman should talk to the southeast rural
group where groups come from colleges and repair roofs, porches, etc.
Supervisor Elswick stated staff could coordinate with the church groups.
He stated he agreed with everything and reiterated the County could not hire twenty
(20) people. He clarified the County cannot opt in but on our own there is a lot that can
be done.
Supervisor Flora stated to dispel one misunderstanding, in his former life
he was the code official in the City of Danville, and has enforced this ordinance in the
past. The City attorney at the time advised that cosmetic and aestitic issues are not
enforceable. The maintenance must have deteriorated to the point it is unsafe or not fit
for human habitation.
Supervisor Elswick stated maybe we can define the unsafe conditions, i.e.
if the grass is too tall it can harbor snakes, which can harm children.
IN RE: CERTIFICATION RESOLUTION
At 7:00 p.m., Chairman Church moved to return to open session and
adopt the certification resolution.
RESOLUTION 051011 -4 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
May 10, 2011 269
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: NEW BUSINESS
1. Request to rescind the authorization to pick -up the employee's
contribution to the Virginia Retirement System (VRS) for Plan 2
employees (Diane D. Hyatt, Assistant County Administrator)
Ms. Hyatt outlined the request to rescind the authorization to pick -up the
employee's contribution to the VRS for Plan 2 employees as outlined in the Board
Report attached to the agenda.
Chairman Church requested that Ms. Hyatt detail some of the numbers
and their corresponding annual amounts. Ms. Hyatt stated that for the fiscal year 2011-
2012 the annual savings would be $148,000, in the initial year that would be offset with
the cost of $63,000 to pay the one -time salary supplement to the employees, in 2017-
2018 the annual savings would be $748,000 a year and by 2030 -2031 the savings
would be $2.1 million a year. The cumulative savings over the twenty (20) year period
is $22.8 million. Additionally, at the end of the twenty (20) year period, ninety -three
percent (93 %) of the employees would have turned over to new employees. Chairman
Church then asked what would be saved in 2013 -2014 with Ms. Hyatt responding
$340,000 or a cumulated savings of $732,000.
Supervisor Altizer commented the Board had held three work sessions on
this item and the concern is with our employees and this only effects new employees
hired since July 1, 2010, which is a State requirement. The number is forty (40)
employees and that number will grow exponentially. Additionally, it is understood that at
some point in the future, the State will come back and make us do it anyway. The
numbers are huge, there are 900 employees and the School Board has about double
that. The potential for savings across Roanoke County taking into account the Schools
would be $66 million. Ms. Hyatt stated that the School Board would be meeting this
week to make the same decision. He stated this is a hard decision and we are in
changing times and knows all of the Board members have agonized over this decision.
Supervisor Flora asked if an employee is vested in the Virginia
Retirements System (VRS) and takes off to have children and she comes back and she
still has her VRS benefits how would she be treated. Ms. Hyatt responded that she
would come back as a Plan 1 employee, if she left as a Plan 1 employee and did not
270 May 10, 2011
take her money out, she would come back as Plan 1. However, if she took her money
out, she would have to start over as a Plan 2 employee. Supervisor Flora stated he
had stated his objections on this several times. He stated he has a problem with the
equity of this, in the past the State has never allowed localities to have more than one
level of employee, but because the State could not balance their budget, they allowed
their employees to pay their portion and also allowed the localities to do the same. He
further added he would not have a problem if it pertained to all employees. Ethically, he
stated he has a problem with it
Chairman Church stated once again the State of Virginia has painted the
County into a corner. He advised that he feels sure that the citizens understand as they
have had to do the same thing at home. It is a shame we are forced to do this. We
have had three sessions on this and none of them have been easy or quick, however,
the potential savings of millions make is hard to look the other way. He then asked Ms.
Hyatt to explain about the one -time supplement these forty (40) employees will receive
in addition to the five percent (5 %) supplement. She advised a four percent (4 %) salary
supplement in addition to the one time five percent (5 %) supplement for a total of nine
percent (9 %), payable May 13, 2011, July 1, 2011 and January 1, 2012.
Supervisor Moore reiterated what Chairman Church said, even though the
forty (40) employees were told at the time they were hired that the County may not
continue to pay the employee portion, she feels that something is being taken away
from them.
Supervisor Altizer requested that the action item be amended to hold the
Plan 2 employee harmless for a period of two years. He requested that language be
added for payments to occur on July 1, 2011, January 1, 2012, July 1, 2012 and
January 1, 2013 and to be added to the budget appropriation.
Chairman Church and Supervisor Moore advised they concurred with
Supervisor Altizer.
RESOLUTION 051011 -6 RESCINDING RESOLUTION 062210 -1
AND REQUIRING PLAN 2 EMPLOYEES TO PAY THE
EMPLOYEE'S CONTRIBUTION TO VIRGINIA RETIREMENT
SYSTEM (VRS) UNDER § 414(h) OF THE INTERNAL REVENUE
CODE
WHEREAS, the Virginia General Assembly, in its 2010 session passed
legislation creating a separate retirement plan for employees hired on or after July 1,
2010, (hereafter referred to as "Plan 2 Employees "). The legislation stipulates that Plan
2 Employees will pay their five percent (5 %) member contribution and that, absent other
action by the employer, such contribution will be paid through salary reduction
according to Internal Revenue Code § 414 (h) on a pre -tax basis; and
May 10, 2011 271
WHEREAS, the legislation allowed certain employers, including the County of
Roanoke, Virginia, to pay all or a portion of the member contributions on behalf of its
Plan 2 Employees as an additional benefit not paid as salary; and
WHEREAS, on June 22, 2010, the Board of Supervisors of Roanoke County
adopted Resolution 062210 -1 which elected to pay all of Roanoke County Plan 2
Employees member contributions; and
WHEREAS, the election to pay all or a portion of the member contributions on
behalf of its Plan 2 Employees as an additional benefit not paid as salary shall remain in
effect for the fiscal year July 1, 2010 to June 30, 2010, and shall continue in effect
beyond the end of such fiscal year absent a subsequent resolution changing the way
the five percent (5 %) member contribution is paid; and
WHEREAS, employee contributions that are picked -up as an additional benefit
not paid as salary are not considered wages for purposes of VA Code § 51.1 -700 et
seq. nor shall they be considered salary for purposes of VA Code § 51.1 -100 et seq.;
and
WHEREAS, the County of Roanoke, Virginia now desires to rescind its June 22,
2010, election to pay its Plan 2 Employees' member contributions to VRS and to require
said Plan 2 employees to pay the five percent (5 %) member contribution beginning July
1, 2011.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of
Roanoke County as follows:
1. That Resolution 062210 -1 is hereby rescinded.
2. That effective the first day of July, 2011, the County of Roanoke, Virginia
shall require its Plan 2 Employees to pay the five percent (5 %) member contribution for
the Virginia Retirement System under Section 414(h) of the Internal Revenue Code.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Elswick, Church
NAYS: Supervisor Flora
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. Ordinance reapportioning the representation in the Board of
Supervisors of Roanoke County, Virginia, by altering the
boundaries of the election districts by establishing voting
precincts therefor, incorporating a map showing the boundaries
of said districts and precincts and providing for an effective date
of this ordinance (Paul M. Mahoney, County Attorney)
272 May 10, 2011
Mr. Mahoney outlined the ordinance explaining the redistricting that was
being done as a result of the 2010 Census. Mr. Mahoney thanked Mr. Philip
Thompson, Deputy Director of Planning, Mr. Todd Booth, Engineer and GIS Supervisor,
Mr. Gary Coleman, GIS Coordinator and Ms. Judith Stokes for all the work involved in
this ordinance preparation.
Supervisor Moore inquired if a letter concerning the change to the forty -
seven people in the Cave Spring district would be sent with Ms. Stokes responding they
would receive new voting cards.
There were no citizens to speak on this item.
Chairman Church advised if you look at the one person one vote and take
that to heart and take approximately 800 inmates in the Western Virginia Regional Jail
and hundreds of students at Hollins University, it probably brings everything in line.
ORDINANCE 051011 -7 REAPPORTIONING THE
REPRESENTATION IN THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA, BY ALTERING THE
BOUNDARIES OF THE ELECTION DISTRICTS, BY
ESTABLISHING VOTING PRECINCTS THEREFOR,
INCORPORATING A MAP SHOWING THE BOUNDARIES OF
SAID DISTRICTS AND PRECINCTS, AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE
WHEREAS, on May 10, 2011, the Board of Supervisors of Roanoke County held
a public hearing to receive comments on developing guidelines for the redistricting of
Roanoke County in accordance with the decennial census; and
WHEREAS, on March 8, 2011, the Board of Supervisors of Roanoke County
adopted Guidelines for the 2011 Redistricting of Roanoke County; and
WHEREAS, on March 8, 2011, March 29, 2011 and April 12, 2011, the Board of
Supervisors held work sessions on various redistricting options; and
WHEREAS, legal notice of a public hearing concerning the adoption of an
ordinance establishing magisterial districts for the County of Roanoke was provided as
required by law; and
WHEREAS, the first reading on this ordinance was held April 26, 2011; and the
second reading and public hearing was held on May 10, 2011; and
NOW, THEREFORE, BE IT ORDAINED by the Board of SUPERVISORS of
Roanoke County, as follows:
1. That there shall be established in Roanoke County five magisterial or
election districts to be known and designated as follows:
Catawba Magisterial District
Hollins Magisterial District
Vinton Magisterial District
May 10, 2011 273
Cave Spring Magisterial District
Windsor Hills Magisterial District
from each of which there shall be elected one member of the Board of Supervisors of
Roanoke County; and
2. That the outside boundaries of the five magisterial districts shall be as
follows
Catawba Magisterial District
Beginning at the common corner between Roanoke /Craig /Montgomery counties; thence
with the line between Roanoke /Craig counties along the crest of North and Brush
Mountains in a northeasterly direction to the common corner in the line between
Roanoke /Craig /Botetourt counties; thence with the line between Roanoke /Botetourt
counties in a southeasterly direction to Interstate 81; thence with Interstate 81 in a
westerly direction to its intersection with Interstate 581; thence in a southerly direction
with Interstate 581 to its intersection with Woodhaven Road (Route 628); thence in a
southeasterly direction with Woodhaven Road (Route 628) to its intersection with Peters
Creek Road (Route 117), said point being on the northerly corporate boundary of the
City of Roanoke and the northerly right -of -way of Peters Creek Road (Route 117);
thence in the southwesterly direction of Peters Creek Road (Route 117) and with the
City of Roanoke corporate line to its intersection with Cove Road (Route 116); thence
with Cove Road (Route 116) and with the City of Roanoke corporate line in a westerly
and southwesterly direction to its intersection with the east corporate line of the City of
Salem; thence with the east corporate line of the City of Salem in a northwesterly
direction to Electric Road (Route 419); thence with the east corporate line of the City of
Salem and Electric Road (Route 419) to Interstate 81 and the north corporate line of the
City of Salem; thence with the north corporate line of the City of Salem and Interstate81
in a southwesterly direction into the west corporate line of the City of Salem; thence with
the corporate line of the City of Salem in a southerly direction to a point of intersection
with Twelve O'Clock Knob Road (Route 694); thence in a southerly direction with
Twelve O'Clock Knob Road (Route 694) to a point where it intersects with a gas
transmission line at the crest of Twelve O'Clock Knob (elevation 2683); thence with the
crest of Twelve O'Clock Knob and with the crest of Poor Mountain, the dividing line
between the Catawba and the Windsor Hills Magisterial Districts, in a westerly and
southwesterly direction to its intersection with Poor Mountain Road (Route 612); thence
following the ridge line of Poor Mountain in generally southwesterly direction to a point
of intersection with Honeysuckle Road (Route 916) at the Roanoke /Montgomery County
line; thence with the Roanoke /Montgomery County line in a northerly direction to the
place of beginning.
Windsor Hills Magisterial District
Beginning at a point on the east side of Electric Road (Route 419) and the north side of
Keagy Road (Route 685) a common corner on the City of Salem /City of
Roanoke /Roanoke County boundary; thence with the west corporate line of the City of
Roanoke and the east side of Electric Road (Route 419) in a south - southeasterly
274 May 10, 2011
direction to the intersection of Glen Heather Road (Route 713); thence with the west
corporate line of the City of Roanoke and the south side of Glen Heather Road (Route
713) in an easterly direction to the intersection with Grandin Road Extension; thence
with the west corporate line of the City of Roanoke and the south side of Grandin Road
Extension in an easterly direction to the west outside boundary of Taryn Hill
Subdivision; thence with the west corporate line of the City of Roanoke to Garst Mill
Road (Route 682); thence with the west corporate line of the City of Roanoke and the
south side of Garst Mill Road (Route 682) in an east - northeasterly direction to the
intersection of Grandin Road Extension; thence with the west corporate line of the City
of Roanoke and the south side of Grandin Road Extension in an easterly direction to the
center of Mudlick Creek; thence with the west corporate line of the City of Roanoke to
Brambleton Avenue (Route 221); thence leaving the corporate line of the City of
Roanoke and with Brambleton Avenue (Route 221) in a southwesterly direction to
Poage Valley Road Extension (Route 690); thence southerly with Poage Valley Road
Extension (Route 690) to Dawnwood Road (Route 691); thence with Dawnwood Road
(Route 691) in a southerly direction to the Roanoke /Franklin county line; thence with the
Roanoke /Franklin county line as it meanders in a southwesterly direction along the crest
of Blue Ridge Mountains to its intersection with the Roanoke /Floyd county line; thence
with the Roanoke /Floyd county line westerly to its intersection with the common corner
of the Roanoke /Montgomery /Floyd county line; thence with the Roanoke /Montgomery
county line in a northerly direction to the crest of Poor Mountain at its intersection with
Honeysuckle Road (Route 916); thence along the crest of Poor Mountain in a generally
northeasterly direction thence continuing along the crest of Poor Mountain and Twelve
O'Clock Knob to a point where a gas transmission line crosses the crest of
TwelveO'Clock Knob (elevation 2683) at Twelve O'Clock Knob Road (Route 695);
thence with Twelve O'Clock Knob Road (Route 694) in a northerly direction to its
intersection with the corporate line of the City of Salem; thence with the corporate line of
the City of Salem in an easterly and northerly direction to Keagy Road (Route 685);
thence in a northerly and easterly direction with Keagy Road (Route 685) to its
intersection with Electric Road (Route 419) to place of beginning.
Cave Spring Magisterial District
Beginning at a point where Yellow Mountain Road (Route 668) crosses the Blue Ridge
Parkway; thence in a southerly direction until Yellow Mountain Road (Route 668)
intersects Mayland Road (Route 667); thence in a southeasterly direction with Mayland
Road (Route 667) to its intersection with Bandy Road (Route 666); thence in a
northerly direction with Bandy Road (Route 666) to its intersection with Old Virginia
Springs Road (Route 667); thence in a southeasterly direction with Old Virginia Springs
Road (Route 667), extended to the Roanoke /Franklin county line; thence with the
Roanoke /Franklin county line in a southwest to northwest direction as it meanders along
the crest of the Blue Ridge Mountains to a point where Dawnwood Road (Route 691)
crosses said Roanoke /Franklin county line; thence in a northerly direction with the
Dawnwood Road (Route 691) to its point of intersection with Poage Valley Road
May 10, 2011 275
Extension (Route 690); thence with Poage Valley Road Extension (Route 690) in a
northerly direction to its intersection with Bent Mountain Road (Route 221); thence in a
northeasterly direction with Bent Mountain Road (Route 221) to a point where said route
enters the City of Roanoke; thence with the corporate line of the City of Roanoke in a
southeasterly and easterly direction until it intersects with the western side of Yellow
Mountain Road (Route 668) at the place of beginning.
Hollins Magisterial District
Beginning at a point of intersection of Interstate 81 and the Roanoke /Botetourt county
line; thence with Interstate 81 in a westerly direction to its intersection with Interstate
581; thence in a southerly direction with Interstate 581 to Woodhaven Road (Route
628); thence in a southerly direction with Woodhaven Road (Route 628) to its
intersection with Peters Creek Road (Route 117) and the corporate line of the City of
Roanoke; thence in an easterly and southerly direction with the corporate line of the City
of Roanoke to a point of intersection with Challenger Avenue (Route 460); thence in a
northeasterly direction with Challenger Avenue (Route 460) to its intersection with the
Roanoke /Botetourt county line; thence in a northerly and westerly direction with the
Roanoke /Botetourt county line to the place of beginning.
3. That the outside boundaries of the thirty -two voting precincts shall be as follows:
BENNETT SPRINGS PRECINCT — 107
Beginning at a point on the Roanoke /Montgomery county line at the top of Catawba
Mountain; thence with the crest of Catawba Mountain in an easterly direction to the top
of McAfee Knob; thence with the crest of Tinker Mountain in an easterly direction to the
Roanoke /Botetourt county line; thence with the Roanoke /Botetourt county line in a
southeasterly direction to Interstate 81; thence west with Interstate 81 to its intersection
with Interstate 581, thence north with Interstate 581 to its intersection with Loch Haven
Lake Drive; thence north with Loch Haven Lake Drive to Timberview Road (Route
1404); thence in a westerly direction with Timberview Road (Route 1404) to the
Western Virginia Water Authority (Carvins Cove Reservoir) west property line; thence
north with the Western Virginia Water Authority (Carvins Cove Reservoir) west property
line to the topographic crest of Brushy Mountain; thence with the crest of Brushy
Mountain in a southwesterly direction crossing Mason Creek to the intersection of
Catawba Valley Drive (Route 311) at its intersection with Dutch Oven Road (Route
863); thence north with Route 311 to Plunkett Road (Route 874); thence west with
Plunkett Road (Route 874), to a point where Mason Creek crosses under Plunkett Road
(Route 874); thence in a north - northwesterly direction with Mason Creek to its
intersection with Old Catawba Road (Route 864); thence south with Old Catawba Road
(Route 864) to its intersection with Bradshaw Road (Route 622); thence with Bradshaw
Road (Route 622) in a westerly direction to the Roanoke/ Montgomery county line;
thence with the Roanoke /Montgomery county line in a northwesterly direction to the
place of beginning.
Catawba Magisterial District
Mason Cove Fire Station - Voting Place
276 May 10, 2011
BENT MOUNTAIN PRECINCT - 301
Beginning on the Roanoke /Montgomery county line at the top of Poor Mountain at the
intersection of Honeysuckle Road (Route 916); thence following the ridge line of Poor
Mountain in a generally northeasterly direction to its intersection with Poor Mountain
Road (Route 612); thence continuing in a generally southwesterly direction with Poor
Mountain Road (Route 612), down the slope of Poor Mountain to an elevation of 2800
feet; thence following the 2800 feet contour elevation of Poor and Bent Mountains in a
generally southern direction to the contours point of intersection with the AEP Company
high tension Roanoke - Claytor transmission line; thence easterly with the AEP Company
high tension Roanoke - Claytor transmission line down the slope of Bent Mountain to the
topographic elevation 2000 feet at a branch of Back Creek; thence with the topographic
elevation 2000 feet in a southeasterly direction with the base of Bent Mountain to
Dividing Spring Branch; thence southerly with Dividing Spring Branch as it meanders to
the Roanoke /Franklin county line at Slings Gap; thence with the Roanoke /Franklin
county line in a westerly - southwesterly direction to the Roanoke /Floyd county line;
thence with the Roanoke /Floyd county line westerly to the Roanoke /Floyd /Montgomery
county line; thence with the Roanoke /Montgomery county line in a northerly direction to
the place of beginning.
Windsor Hills Magisterial District
Bent Mountain Fire Station - Voting Place
BONSACK PRECINCT — 402
Beginning at a point on the intersection of the Blue Ridge Parkway and the
Roanoke /Botetourt county line; thence in a southwesterly direction with the Blue Ridge
Parkway to the topographic crest of Stewart's Knob; thence with the topographic crest
of Stewart's Knob in a westerly direction to a point on the east corporate line of the City
of Roanoke; thence with the east corporate line of the City of Roanoke in a north -
northwesterly direction to its intersection with Challenger Avenue (Route 460); thence in
a northeasterly direction to the Roanoke /Botetourt county line; thence with the
Roanoke /Botetourt county line to the place of beginning.
Vinton Magisterial District
Bonsack United Methodist Church —Voting Place
BOTETOURT SPRINGS PRECINCT - 204
Beginning at the intersection of Interstate 81 and Deer Branch Creek; thence south with
Deer Branch Creek to Peters Creek Road (Route 117); thence with Peters Creek Road
(Route 117) in a westerly direction to its intersection with Wood Haven Road (Route
628); thence with Wood Haven Road (Route 628) west to its intersection with Interstate
581; thence north with Interstate 581 to Interstate 81; thence east with Interstate 81 to
the place of beginning.
Hollins Magisterial District
Life Church - Voting Place
BURLINGTON PRECINCT- 202
May 10, 2011 277
Beginning at a point at the intersection of Williamson Road (Route 11) and Peters Creek
Road (Route 117); thence west with Peters Creek Road (Route 117) to its intersection
with Wood Haven Road (Route 628) and the north corporate limit of the City of
Roanoke; thence with the north corporate limit of the City of Roanoke in an
east /southeasterly direction to Florist Road (Route 623); thence with Florist Road
(Route 623) leaving the north corporate limit of the City of Roanoke in a northerly
direction to Williamson Road (Route 11); thence north with Williamson Road (Route 11)
to the place of beginning.
Hollins Magisterial District
Burlington Elementary School - Voting Place
CASTLE ROCK PRECINCT -305
Beginning at a point at the intersection of Electric Road (Route 419) and Brambleton
Avenue (Route 221); thence southwesterly with Brambleton Avenue (Route 221) to its
intersection with Ran Lynn Drive (Route 745); thence in a northwesterly direction with
Ran Lynn Drive (Route 745) to its intersection with South Roselawn Road (State Route
690); thence with South Roselawn Road (Route 690) in a northeasterly direction to its
intersection with Roselawn Road (Route 689); thence in a northerly direction with
Roselawn Road (Route 689) to the crossing location of the AEP Company high tension
Glen Lynn- Hancock Electric Transmission line; thence with Appalachian Power
Company high tension Glen Lyn- Hancock Electric Transmission line in a northeasterly
direction to its intersection with Brahma Road (Route 1687); thence northwest with
Brahma Road (Route 1687) to Longhorn Road (Route 1688); thence north with
Longhorn Road (Route 1688) to Castle Rock Road (Route 702); thence in a westerly
direction with Castle Rock Road (Route 702) to Stoneybrook Drive (Route 1316);
thence north /northeasterly with Stoneybrook Drive (Route 1316) to Electric Road (Route
419); thence in a southeasterly /easterly direction with Electric Road (Route 419) to its
intersection with Brambleton Avenue (Route 221) being the place of beginning.
Windsor Hills Magisterial District
Cave Spring Baptist Church - Voting Place
CATAWBA PRECINCT - 101
Beginning at the common corner between Roanoke /Craig /Montgomery counties; thence
with the line between Roanoke /Craig counties along the crest of North and Brush
Mountains in a northeasterly direction to the common corner in the line between
Roanoke /Craig /Botetourt counties; thence with the line between Roanoke /Botetourt
counties in a southeasterly direction to the crest of Tinker Mountain; thence with the
crest of Tinker Mountain in a westerly direction to the top of McAfee Knob on Catawba
Mountain; thence continuing in a westerly direction with the crest of Catawba Mountain
to the Roanoke /Montgomery county line; thence with the Roanoke /Montgomery county
line in a northerly direction to the place of beginning.
Catawba Magisterial District
Catawba Recreation Center - Voting Place
CAVE SPRING PRECINCT - 503
278 May 10, 2011
Beginning at a point at the intersection of Brambleton Avenue (Route 221) and Colonial
Avenue (Route 720); thence east with Colonial Avenue (Route 720) to Penn Forest
Boulevard (Route 687); thence continuing east with Penn Forest Boulevard (Route 687)
to Chaparral Drive (Route 800); thence southwest with Chaparral Drive (Route 800) to
Merriman Road (Route 613); thence with Merriman Road (Route 613) southeasterly to
Cartwright Drive (Route 1726); thence with Cartwright Drive (Route 1726) in a
southwesterly direction to Crystal Creek Drive (Route 897); thence with Crystal Creek
Drive (Route 897) in a westerly direction to Brambleton Avenue (Route 221); thence
with Brambleton Avenue (Route 221) in a northerly direction to the place of beginning.
Cave Spring Magisterial District
Church of the Holy Spirit - Voting Place
CLEARBROOK PRECINCT - 505
Beginning at a point in the City of Roanoke corporate line where Franklin Road (Route
220) south exits the City; thence with the southerly corporate boundary of the City of
Roanoke in the northeasterly direction to a point where it intersects Yellow Mountain
Road (Route 668); thence in a southerly direction until Yellow Mountain Road (Route
668) intersects Mayland Road (Route 667); thence in a southeasterly direction with
Mayland Road (Route 667) until it intersects with Bandy Road (Route 666); thence in a
northeasterly direction with Bandy Road (y Route 666) to its intersection with Old
Virginia Springs Road (Route 667); thence southeasterly with Old Virginia Springs
Road(Route 667) extended to the Franklin County line at the crest of the Blue Ridge
Mountains; thence with the Roanoke /Franklin county line in a southwesterly to
northwesterly direction as it meanders along the crest of the Blue Ridge Mountains to
Merriman Road (Route 613); thence northerly along Merriman Road (Route 613) until it
intersects the Blue Ridge Parkway; thence in a southeasterly and northeasterly direction
with the Blue Ridge Parkway until it intersects Franklin Road (Route 220); thence
northerly with Franklin Road (Route 220) to the place of beginning.
Cave Spring Magisterial District
Clearbrook Elementary School - Voting Place
COTTON HILL PRECINCT - 501
Beginning at Brambleton Avenue (Route 221) at its intersection with Crystal Creek Drive
(Route 897); thence with Brambleton Avenue (Route 221) in a southeasterly direction to
Poage Valley Road Extension (Route 690); thence south with Poage Valley Road
Extension (Route 690) to Dawnwood Road (Route 691); thence in a southerly direction
with Dawnwood Road (Route 691), if extended would intersect to the Roanoke /Franklin
county line; thence in an easterly direction with the crest of the Blue Ridge Mountains
and the Roanoke /Franklin county line to Merriman Road (Route 613); thence in a
northerly direction with Merriman Road (Route 613) through Starkey to Crystal Creek
Drive (Route 897); thence with Crystal Creek Drive (Route 897) in a westerly direction
to the point of beginning.
Cave Spring Magisterial District
Penn Forest Elementary School - Voting Place
May 10, 2011 279
GARST MILL PRECINCT - 306
Beginning at a point on Electric Road (Route 419) where the west fork of Mud Lick
Creek crosses Electric Road (Route 419); thence with the west fork of Mud Lick Creek
as it meanders in a northeasterly direction to the southerly corporate line of the City of
Roanoke; thence with the corporate line of the City of Roanoke in a northeasterly and
southeasterly direction to a point where it crosses Brambleton Avenue (Route 221);
thence with Brambleton Avenue (Route 221) in a southwesterly direction to its
intersection with Electric Road (Route 419); thence with Electric Road (Route 419) in a
northwesterly direction to the place of beginning.
Windsor Hills Magisterial District
419 Library - Voting Place
GLENVAR PRECINCT - 103
Beginning at a point on the Roanoke /Montgomery county line where Interstate 81
intersects that line; thence with the said Interstate 81 in a northeasterly direction to its
intersection with the western most corner of the City of Salem corporate line; thence in a
generally northeasterly direction with the said City of Salem corporate line to a point
where Butt Hollow Creek intersects said City of Salem corporate line; thence in a
northerly direction with Butt Hollow Creek to its intersection with Texas Hollow Road
(Route 641); thence in a northerly and easterly direction with Texas Hollow Road (Route
641) to its intersection with Paint Bank Road (Route 913); thence in a northwesterly
direction with Paint Bank Road (Route 913) to its intersection with the AEP power line;
thence following the AEP power line in an easterly direction to its intersection with
Catawba Valley Drive (Route 311); thence in a northerly direction with Catawba Valley
Drive (Route 311) to its intersection with the topographic crest of Fort Lewis Mountain;
thence west with the topographic crest of Fort Lewis Mountain to its intersection with
Forest Acre Trail (Route 700); thence with Forest Acre Trail (Route 700) back to the
Lewis Mountain to its intersection with the Roanoke /Montgomery county line; thence
with the Roanoke /Montgomery county line to the point of beginning.
Catawba Magisterial District
Glenvar Middle School — Voting Place
GREEN HILL PRECINCT - 106
Beginning at a point on Interstate 81 at its intersection with the City of Salem corporate
limits; thence with the west corporate line of the City of Salem in a southerly direction
and with the south corporate line of the City of Salem in an easterly and southerly
direction to its intersection with Twelve O'Clock Knob Road (Route 694); thence with
Twelve O'Clock Knob Road (Route 694) in a southerly direction to a point where it
intersects with a gas transmission line at the crest of Twelve O'Clock Knob; thence with
the crest of Twelve O'Clock Knob and with the crest of Poor Mountain, the dividing line
between Catawba and the Windsor Hills Magisterial District, in a westerly and
southwesterly direction to the intersection of Poor Mountain Road (Route 612); thence
following the crest of Poor Mountain in a generally southwesterly direction to its
intersection with Honeysuckle Road (Route 916) on the Roanoke /Montgomery county
280 May 10, 2011
line; thence with the Roanoke /Montgomery county line in a northerly direction to
Interstate 81; thence in a northeasterly direction with Interstate 81 to the point of
beginning.
Catawba Magisterial District
Fort Lewis Baptist Church - Voting Place
HOLLINS PRECINCT - 206
Beginning at the intersection of Interstate 81 and the Roanoke /Botetourt county Line;
thence with Interstate 81 in a westerly direction to Deer Branch Creek; thence south
with Deer Branch Creek as it meanders to Peters Creek Road (Route 117); thence
easterly with Peters Creek Road (Route 117) to its intersection with Williamson Road
(Route 11); thence in a southeasterly direction with Williamson Road (Route 11) to its
intersection with Clubhouse Drive (Route 1821); thence in a southeasterly direction with
Clubhouse Drive (Route 1821) extended until it intersects the east fork of Carvins
Creek; thence northeasterly with Carvins Creek as it meanders until it intersects
Plantation Road (Route 115); thence in a northwesterly direction with Plantation Road
(Route 115) until it intersects Williamson Road (Route 11); thence with Williamson Road
(Route 11) in a easterly direction until it intersects the Roanoke /Botetourt county line;
thence with the Roanoke /Botetourt county line in a northwesterly direction to the place
of beginning.
Hollins Magisterial District
Hollins Library - Voting Place
HUNTING HILLS PRECINCT - 507
Beginning at a point where Electric Road (Route 419) intersects the corporate line of the
City of Roanoke; thence in a southeasterly direction with the corporate line of the City of
Roanoke and partially with Franklin Road (Route 220) to a point where the said Franklin
Road (Route 220) intersects the Blue Ridge Parkway; thence with the Blue Ridge
Parkway in a southwesterly and then northwesterly direction to its intersection with
Merriman Road (Route 613); thence in a northerly direction with Merriman Road (Route
613) to Starkey Road (Route 904); thence in a northeasterly direction with Starkey Road
(Route 904) to its intersection with the Norfolk Southern railway line; thence in a
northerly direction with the Norfolk Southern railway line to its intersection with Benois
Road (Route 633); thence in an easterly direction with Benois Road (Route 633) to its
intersection with Starkey Road (Route 904); thence in a northerly direction with Starkey
Road (Route 904) to its intersection with Electric Road (Route 419); thence in a
northeasterly direction with Electric Road (Route 419) to the place of beginning.
Cave Spring Magisterial District
Celebration Church of God - Voting Place
LINDENWOOD PRECINCT - 405
Beginning at a point of intersection of the east corporate limit of the City of Roanoke and
the topographic crest of Stewart's Knob; thence in a northeasterly direction with the
topographic crest of Stewart's Knob to the Blue Ridge Parkway; thence in a
northeasterly direction with the Blue Ridge Parkway to the Roanoke /Botetourt county
May 10, 2011 28
line; thence south with the Roanoke /Botetourt county line to its intersection with the
Roanoke /Botetourt /Bedford county line; thence with the Roanoke /Bedford county line in
a southerly direction to the Roanoke River; thence west with the Roanoke River to Wolf
Creek at the east corporate limit of the Town of Vinton; thence north with Wolf Creek
and the east corporate limit of the Town of Vinton to the City of Roanoke corporate line;
thence in a northerly direction with the City of Roanoke corporate line to the place of
beginning.
Vinton Magisterial District
William Byrd High School - Voting Place
MASON VALLEY PRECINCT - 102
Beginning at a point on the Roanoke /Montgomery county line at its intersection with
Bradshaw Road (Route 622); thence in an easterly direction with Bradshaw Road
(Route 622) to its intersection with Old Catawba Road (Route 864); thence north with
Old Catawba Road (Route 864) to its intersection with Mason Creek; thence with Mason
Creek in a southerly direction to its intersection with Plunkett Road (Route 874); thence
in an easterly direction with Plunkett Road (Route 874) to its intersection with Catawba
Valley Road (Route 311); thence in a southerly direction with Catawba Valley Road
(Route 311) to the topographic crest of Fort Lewis Mountain; thence leaving Catawba
Valley Road (Route 311) with the topographic crest of Fort Lewis Mountain to its
intersection with Forest Acre Trail (Route 700); thence in a westerly direction with
Forest Acre Trail (Route 700) back to its intersection with the topographic crest of Fort
Lewis Mountain; thence with topographic crest of Fort Lewis Mountain in a westerly
direction to the Roanoke /Montgomery county line; thence with the
Roanoke /Montgomery county line in a northwesterly direction to the place of beginning.
Catawba Magisterial District
Mason Cove Elementary School - Voting Place
MOUNTAIN VIEW PRECINCT - 203
Beginning at a point on the Roanoke /Botetourt County line at its intersection with
Williamson Road (Route 11); thence in a westerly direction with Williamson Road
(Route 11) to its intersection with Plantation Road (Route 115); thence in a southerly
direction with Plantation Road (Route 115) to a point where it intersects with the north
corporate line of the City of Roanoke; thence northeasterly with the corporate line of the
City of Roanoke as it meanders until it intersects with Read Mountain Road (Route
611); thence in an easterly direction with Read Mountain Road (Route 611) until it
intersects with the crest of Read Mountain Extended; thence northeasterly with the crest
of Read Mountain until it intersects with the Roanoke /Botetourt county line; thence
northwesterly with the said Roanoke /Botetourt county line to the place of beginning.
Hollins Magisterial District
Mountain View Elementary School - Voting Place
MOUNT VERNON PRECINCT -506
Beginning at a point on Colonial Avenue (Route 720) and the south corporate limit of
the City of Roanoke; thence with Colonial Avenue (Route 720) in a southwesterly
282 May 10, 2011
direction to Brambleton Avenue (Route 221); thence in a northeasterly direction with
Brambleton Avenue (Route 221) to the south corporate limit of the City of Roanoke;
thence with the south corporate limit of the City of Roanoke in a southeasterly direction
to the place of beginning.
NORTHSIDE PRECINCT - 104
Beginning at a point at the intersection of Peters Creek Road (Route 117) and Wood
Haven Road (Route 628); thence in a northwesterly direction with Wood Haven Road
(Route 628) to its intersection with Green Ridge Road (Route 629); thence in a
southerly direction with Green Ridge Road (Route 629) to its intersection with Twilight
Road (Route 1577); thence in an easterly direction with Twilight Road (Route 1577) to
its intersection with North Lake Drive (Route 1524); thence in a southeasterly direction
with North Lake Drive (Route 1524) to its intersection with Peters Creek Road (Route
117); thence east with Peters Creek Road (Route 117) to the place of beginning.
Catawba Magisterial District
Northside High School - Voting Place
NORTH VINTON PRECINCT - 403
Beginning at the east corporate line of the City of Roanoke and the west corporate line
of the Town of Vinton at Virginia Avenue; thence with the corporate line of the City of
Roanoke ; thence with the northeasterly corporate line of the Town of Vinton to its
intersection with Mountain View Road (Route 651); thence with the corporate line of the
Town of Vinton in a southerly easterly direction until its intersection with Washington
Avenue; thence with Washington Avenue in a westerly direction to South Pollard Street;
thence with South Pollard Street in a southwesterly direction to Virginia Avenue at First
Street; thence with Virginia Avenue in a westerly direction to the place of beginning.
Vinton Magisterial District
Vinton Baptist Church - Voting Place
OAK GROVE PRECINCT - 304
Beginning at a point on the east side of Electric Road (Route 419) and on the north side
of Keagy Road (Highway 685) being a point on the Roanoke County /City of Salem /City
of Roanoke boundary; thence with the west corporate line of the City of Roanoke and
the east side of Electric Road (Route 419) in a south - southeasterly direction to the
intersection with Stoneybrook Drive (Route 1316); thence in a southwesterly direction
with Stoneybrook Drive (Route 1316) to Castle Rock Road (Route 702); thence in an
easterly direction with Castle Rock Road (Route 702) to Longhorn Road (Route 1688);
thence south with Longhorn Road (Route 1688) to Brahma Road (Route 1689); thence
southeast with Brahma Road (Route 1689) to the crossing of the AEP Company high
tension Glen Lyn- Hancock electric transmission line; thence with the AEP Company
high tension Glen Lyn- Hancock electric transmission line in a southwesterly direction to
Roselawn Road (Route 689); thence northwest with Roselawn Road (Route 689) to
Mount Chestnut Road (Route 692); thence west with Mount Chestnut Road (Route 692)
to the crossing location of a gas pipeline; thence with this gas pipeline in a northerly and
then westerly direction to its intersection with the crest of Twelve O'Clock Knob at
May 10, 2011 283
Twelve O'Clock Knob Road (Route 694); thence with Twelve O'Clock Knob Road
(Route 694) in a northerly direction to the corporate line of the City of Salem; thence
with the corporate line of the City of Salem in an easterly direction to the place of
beginning.
Windsor Hills Magisterial District
Oak Grove Elementary School - Voting Place
OGDEN PRECINCT - 504
Beginning at a point on Colonial Avenue (Route 720) and the south corporate limit of
the City of Roanoke; thence with Colonial Avenue (Route 720) in a southwesterly
direction to Penn Forest Boulevard (Route 687); thence east with Penn Forest
Boulevard (Route 687) to Starkey Road (Route 904); thence northeast with Starkey
Road (Route 904) to Electric Road (Route 419); thence northeast with Electric Road
(Route 419) to the south corporate limit of the City of Roanoke; thence north and
westerly with the south corporate limit of the City of Roanoke to the place of beginning.
Cave Spring Magisterial District
Green Valley Elementary School - Voting Place
ORCHARDS PRECINCT - 205
Beginning at a point of intersection of the Roanoke /Botetourt county line and Challenger
Avenue (Route 460); thence in a southwesterly direction with Challenger Avenue (Route
460) to a point on the east corporate line of the City of Roanoke; thence with the east
corporate line of the City of Roanoke in a north - northwesterly direction to its intersection
with Read Mountain Road (Route 611); thence in a westerly direction with Read
Mountain Road (Route 611) until it intersects with the crest of Read Mountain extended;
thence northeasterly with the crest of Read Mountain until it intersects with the
Roanoke /Botetourt county line; thence southeasterly with the Roanoke /Botetourt county
line to the place of beginning.
Hollins Magisterial District
Bonsack Baptist Church - Voting Place
PENN FOREST PRECINCT - 502
Beginning at a point at the intersection of Penn Forest Boulevard (Route 687) and
Chaparral Drive (Route 800); thence with Chaparral Drive (Route 800) in a
southwesterly direction to Merriman Road (Route 613); thence southeasterly with
Merriman Road (Route 613) to Cartwright Drive (Route 1726); thence in a southwesterly
direction with Cartwright Drive (Route 1726) to Crystal Creek Drive (Route 897); thence
east with Crystal Creek Drive (Route 897) to Merriman Road (Route 613); thence with
Merriman Road (Route 613) in a southeasterly direction to Starkey Road (Route 904);
thence in a northeasterly direction with Starkey Road (Route 904) to its intersection with
the Norfolk Southern railway line; thence north with the Norfolk Southern railway line to
its intersection with Benois Road (Route 633); thence in an easterly direction to Starkey
Road (Route 904); thence in a northerly direction with Starkey Road (Route 904) to
Penn Forest Boulevard (Route 687); thence with Penn Forest Boulevard (Route 687) in
a westerly direction to the place of beginning.
284 May 10, 2011
Cave Spring Magisterial District
Cave Spring High School - Voting Place
PETERS CREEK PRECINCT - 105
Beginning at the intersection of Wood Haven Road (Route 628) and Interstate 581;
thence north with Interstate 581 crossing Interstate 81 to its intersection with Loch
Haven Lake Drive; thence northerly with Loch Haven Lake Drive to its intersection with
Timberview Road (Route 1404); thence in a westerly direction with Timberview Road
(Route 1404) to the Western Virginia Water Authority (Carvins Cove Reservior) west
property line; thence north with the Western Virginia Water Authority (Carvins Cove
Reservoir) west property line to the topographic crest of Brushy Mountain; thence with
the topographic crest of Brushy Mountain in a southwesterly direction crossing Mason
Creek to the intersection of Catawba Valley Road (Route 311), Dutch Oven Road
(Route 863), and the AEP power line; thence in a westerly direction with the AEP power
line to its intersection with the east fork of Dry Branch; thence with the hollow which is
the east fork of Dry Branch in a southerly direction as it meanders to a point where Dry
Branch divides into an east and west fork at the north corporate line of the City of
Salem; thence with the north corporate line of the City of Salem and in a generally
northeasterly direction to its intersection with Electric Road (Route 419); thence with the
east corporate line of the City of Salem in a south and then northeasterly direction to a
point on the City of Salem, Roanoke County, and City of Roanoke line at Green Ridge
Road (Route 629); thence in a northeasterly direction with Green Ridge Road (Route
629) to its intersection with Cove Road (Route 780); thence in an easterly direction with
Cove Road (Route 780) to its intersection with Peters Creek Road (Route 117): thence
in a northeasterly direction with Peters Creek Road (Route 117) to its intersection with
North Lake Drive (Route 1524); thence in a northwesterly direction with North Lake
Drive (Route 1524) to its intersection with Twilight Road (Route 1577); thence in a
westerly direction with Twilight Road (Route 1577) to its intersection with Green Ridge
Road (Route 629); thence north with Green Ridge Road (Route 629) to its intersection
with Wood Haven Road (Route 628); thence east with Wood Haven Road (Route 628)
to the place of beginning.
Catawba Magisterial District
Glen Cove Elementary School - Voting Place
PLANTATION PRECINCT - 201
Beginning at a point where Williamson Road (Route 11) intersects Clubhouse Drive
(Route 1821); thence southeasterly with Williamson Road (Route 11) until it intersects
Florist Road (Route 623); thence in a southeasterly direction with Florist Road (Route
623) until it intersects the north corporate line of the City of Roanoke; thence in an
easterly direction with the north corporate line of the City of Roanoke until it intersects
Plantation Road (Route 115); thence in a northwesterly direction with Plantation Road
(Route 115) to a point where the said road intersects the east fork of Carvins Creek;
thence with the east fork of Carvins Creek in a southwesterly direction as it meanders to
a point opposite the center line extended of Clubhouse Drive (Route 1821); thence
May 10, 2011 285
northwesterly with the center line of Clubhouse Drive (Route 1821) to its intersection
with Williamson Road (Route 11) the place of beginning.
Hollins Magisterial District
Roanoke Valley Christian Schools - Voting Place
POAGES MILL PRECINCT - 302
Beginning at the intersection of Brambleton Avenue (Route 221) and Ran Lynn Drive
(Route 745); thence in a northwesterly direction with Ran Lynn Drive (Route 745) to its
intersection with South Roselawn Road (Route 690); thence with South Roselawn Road
(Route 690) in a northeasterly direction to its intersection with Roselawn Road (Route
689); thence in a northwesterly direction with Roselawn Road (Route 689) to Mount
Chestnut Drive (Route 692); thence west with Mount Chestnut Drive (Route 692) to the
crossing location of a gas pipeline, thence with this gas pipeline in a northerly then
westerly direction to its intersection with the crest of Twelve O'Clock Knob; thence with
the topographic crest of Twelve O'Clock Knob and Poor Mountain in a westerly -
southwesterly direction to Poor Mountain Road (Route 612); thence in a generally
southwesterly direction with Poor Mountain Road (Route 612) down the slope of Poor
Mountain to an elevation of 2800 feet; thence following the 2800 -foot contour elevation
of Poor and Bent Mountains in a generally southern direction to the contours point of
intersection with AEP Company high- tension Roanoke - Claytor transmission line; thence
easterly with the AEP Company high tension Roanoke - Claytor transmission line down
the slope of Bent Mountain to the topographic elevation 2,000 feet at a branch of Back
Creek; thence with the topographic elevation 2,000 feet as it traverses in a
southeasterly direction with the base of Bent Mountain to Dividing Spring Branch;
thence southerly with Dividing Spring Branch as it meanders to the Roanoke /Franklin
county line; thence with the Roanoke /Franklin county line easterly to its intersection with
Dawnwood Road (Route 691); thence in a northerly direction with Dawnwood Road
(Route 691) to its intersection with Poage Valley Road Extension (Route 690); thence in
a northerly direction with Poage Valley Road Extension (Route 690) to the intersection
of Route 221; thence with Route 221 to the place of beginning.
Windsor Hills Magisterial District
Back Creek Elementary School - Voting Place
SOUTH VINTON PRECINCT - 404
Beginning at the east corporate line of the City of Roanoke and the west corporate line
of the Town of Vinton at Virginia Avenue; thence with Virginia Avenue in an easterly
direction to South Pollard Street at First Street; thence with South Pollard Street in a
northerly direction to Washington Avenue; thence with Washington Avenue in an
easterly direction to Wolf Creek being the east corporate line of the Town of Vinton;
thence with Wolf Creek and the east corporate line of the Town of Vinton in a southerly
direction to the Roanoke River; thence in a westerly direction with the Roanoke River
and the south corporate line of the Town of Vinton to Tinker Creek being the east
corporate line of the City of Roanoke and the west corporate line of the Town of Vinton;
thence with Tinker Creek in a northwesterly direction to the place of beginning.
286 May 10, 2011
Vinton Magisterial District
Charles R. Hill Senior Center - Voting Place
WILDWOOD PRECINCT — 108
Beginning at a point where Butt Hollow Creek intersects Interstate 81 and the City of
Salem corporate line; thence in a generally northeasterly direction with the said City of
Salem corporate line to a point where Dry Branch forks into an easterly and westerly
fork; thence with the easterly fork of the said Dry Branch as it meanders in generally a
northwesterly direction to where this branch or hollow intersects with the AEP power
line; thence following the AEP power line in a westerly direction to its intersection with
Paint Bank Road (Route 913); thence in a southeasterly direction with Paint Bank Road
(Route 913) to its intersection with Texas Hollow Road (Route 641); thence in a
westerly and then southerly direction with Texas Hollow Road (Route 641) to its
intersection with Butt Hollow Creek; thence in a southerly direction with said Butt Hollow
Creek to the place of beginning.
Catawba Magisterial District
Fort Lewis Elementary School — Voting Place
WINDSOR HILLS PRECINCT - 303
Beginning at the City of Roanoke corporate line where Electric Road (Route 419)
intersects Glen Heather Drive (Route 713); thence easterly then southerly with the
corporate line of the City of Roanoke to a point where the said corporate line intersects
Mud Lick Creek; thence with the west fork of Mud Lick Creek as it meanders in a
southwesterly direction to Electric Road (Route 419); thence north with Electric Road
(Route 419); to the place of beginning.
Windsor Hills Magisterial District
Our Lady of Nazareth Catholic Church - Voting Place
4. That certified copies of this ordinance shall be mailed by the Clerk to the
local electoral board, the Secretary of the Commonwealth, the State Board of Elections,
and the Division of Legislative Services.
5. That this ordinance shall be effective from and after the date of its
adoption.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Elswick, Church
NAYS: Supervisor Flora
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Elswick stated he would like to congratulate Kroger on
modifying the places for people who embark from wheelchair vans when they come to
the store. Kristine Roberts had asked him to take a look at this issue because the
May 10, 2011 287
spaces were not wide enough and she had actually been hit by another motorist when
she was embarking from her van. He advised he called the Kroger main office and
before they had a chance to return his call, Kroger had fixed the problem and enlarged
the spaces and repainted them and he wanted to let Kroger know it was appreciated.
Supervisor Elswick asked for the Board's approval for Roanoke County to opt in to the
Department of Game and Inland Fisheries Urban Archery Program, which is a program
that allows homeowners to hunt in urban areas to help control the deer population. He
advised it would not take effect this hunting season, but next year. He would like the
Board's agreement to pursue the issue with the Department of Game and Inland
Fisheries. Chairman Church requested Mr. Goodman and Mr. Mahoney to look into this
issue.
Supervisor Moore thanked everyone for the emails she received on
recycling and air pollution in Roanoke County; noted she appreciate the input.
Supervisor Church welcomed Robatel to Roanoke County stating he had
joined Supervisor Moore at the ribbon cutting this morning, another growing concern in
Roanoke County. In addition, he stated he had attended a Roanoke Regional Housing
Symposium at the Vinton War Memorial "Livable Communities ". He advised he wanted
to thank Nicole Pendleton. There was a guest speaker, the world renowned poet, Nikki
Giovanni from Virginia Tech who did an outstanding job. Chairman Church stated he
was there and spoke on behalf of Roanoke County. He noted what they are doing
down there and what the region is doing with all the citizens and business leaders
taking part is uplifting. Additionally, Chairman Church thanked Amanda Micklow for
heading up the Glenvar Community Planning Session, noting there have been four (4)
or five (5) work sessions all across the Glenvar area. The citizens have done a fantastic
job to shape the Glenvar community the way they want it to be to get the zoning
designations in the proper prospective.
IN RE: ADJOURNMENT
Chairman Church adjourned the meeting at 7:25 p.m.
bmitted by: Approved by:
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Deborah C. acks 9 Jos4 4 hB. "Butch" Church
Clerk to the Boar Chairman
1
May 10, 2011
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