HomeMy WebLinkAbout5/27/2003 - Regular
May 27, 2003
453
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
May 27, 2003
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of May, 2003.
IN RE: CALL TO ORDER
Chairman McNamara called the meeting to order at 3:00 p.m. The roll call
was taken.
MEMBERS PRESENT:
Chairman Joseph McNamara, Vice-Chairman Richard C.
Flora; Supervisors Michael W. Altizer, Joseph B. “Butch”
Church, H. Odell “Fuzzy” Minnix
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; Diane S. Childers, Clerk to the Board; John
M. Chambliss, Assistant County Administrator; Dan
O’Donnell, Assistant County Administrator;
IN RE: OPENING CEREMONIES
The invocation was given by Monsignor Joe Lehman, Our Lady of
Nazareth Catholic Church, Roanoke, Virginia. The Pledge of Allegiance was recited by
all present.
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IN RE: BRIEFINGS
1. Briefing regarding the donation of a surplus Roanoke County well
lot to Habitat for Humanity. (Elmer C. Hodge, County
Administrator; Karen Mason, Executive Director and Geraldine
Barber, Vice-President, Habitat for Humanity)
Mr. Hodge reported that Supervisor McNamara had requested that staff
investigate the availability of a surplus well lot and the possibility of having Roanoke
County staff participate in the construction of a home for Habitat for Humanity (HFH).
He indicated that Gary Robertson, Utility Director, has reviewed the County’s inventory
of well lots and has identified several lots that would be suitable for donation. The well
lot which staff has particular interest in is located on Stearnes Avenue off of Starkey
Road, and this well is not one which the County would wish to put back into service. In
addition, this issue was discussed at a management team meeting and staff displayed
significant interest in participating in the project. Mr. Hodge introduced Geraldine
Barber, Assistant Director of Finance, who is also currently serving as Vice-President of
HFH in Roanoke; Karen Mason, Executive Director; and David Camper, President.
Ms. Barber indicated that she is speaking today on behalf of an agency
that she feels very strongly about. She was encouraged by her sons to become
involved with HFH which is an agency that helps people get up – it is not an agency that
provides handouts. She stated that the families receiving assistance from HFH undergo
a stringent selection process and are required to make a commitment to building and
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maintaining the home, as well as meeting the financial obligations of home ownership.
HFH provides training for homeowners as well as moral and Christian support.
Ms. Mason stated that families are required to meet three overall criteria:
(1) They must display a willingness to enter into a lifetime partnership with HFH. (2)
They must earn a minimum of 200 hours of “sweat equity” building their home, as well
as other HFH homes. This experience enables them to learn valuable skills which will
benefit them in maintaining their homes. (3) They must be able to afford to pay for their
home. Ms. Mason reported that an onsite assessment is conducted to evaluate the
current living standards of prospective families and make a determination if substandard
living conditions exist. If this and other conditions are met, then the families are
accepted and approved into the home ownership program. Ms. Mason stated that if the
donation of the lot is approved, the home to be constructed would utilize one of the new
design plans which feature architectural shingles, additional half baths in the 3-4
bedroom units, gables, and front porches. There is also a two-story design available.
Ms. Mason stated that construction is anticipated to begin in September, and they
welcome the donation of labor resources from Roanoke County.
Ms. Camper indicated that he would be willing to answer any questions.
Supervisor McNamara thanked the presenters and stated that this gesture
will make a difference in the lives of the families; it is land which is not currently being
used by the County; there are maintenance costs associated with maintaining the land;
and he feels it is appropriate for Roanoke County to donate the land and provide the
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labor to build the home. He voiced his desire for the County’s association with HFH to
be an ongoing effort.
Mr. Hodge indicated that if it is the consensus of the Board to proceed with
the donation of the well lot, staff will bring this matter back for a first and second reading
authorizing the donation. In addition, a volunteer from Roanoke County will be selected
to coordinate the project.
Supervisor Minnix voiced his support for the donation. He also referred to
an article which appeared in the Roanoke Times which he stated was uncomplimentary
to the County of Roanoke, City of Salem, and several other surrounding areas. He
stated that he was dismayed by the Roanoke City Manager’s remarks regarding the
County’s efforts at affordable housing. He indicated that the remarks were misleading
and at the least unkind to Roanoke County and other localities, as he reflected back on
significant amount of monies which the County has donated. Supervisor Minnix
questioned whether Mr. Hodge had been able to obtain the data he had requested
regarding these contributions.
Mr. Hodge reported that in the early 1990s, the County donated Pinkard
Court School to Total Action Against Poverty (TAP) for the purpose of providing housing
units. TAP subsequently determined that a greater need existed for their housing office
unit, and this is how the property was utilized. In 1996-1997, TAP sold the property to
Lowe’s Corporation for $1.2 million. The Board of Supervisors had to authorize the sale
of the property, which they did with the understanding that the money would be used to
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provide housing opportunities for individuals in Roanoke County. TAP subsequently
invested $1 million in housing in Roanoke County which was leveraged with the banks
for a total investment of $1.6 million. This was to provide at least 28 homes over a
period of three years. Also, several acres of land were donated by Billy Branch to HFH
for construction of homes. There was difficulty in acquiring access to the property, and
the property was subsequently sold.
Supervisor Minnix stated that the monies that come from Roanoke County
are generated by taxpayer dollars. The County is not receiving pass-through funds from
the state or federal government in order to accommodate these projects. It has been
the Board’s position in recent years to bring the valley into a spirit of one community.
He noted that it is his goal to have a unified police station, in addition to the currently
existing joint fire and rescue services being offered at Clearbrook. He stated that if this
level of cooperation is to continue, then the leaders of each locality should very closely
measure their remarks about surrounding communities in order to avoid the atmosphere
that existed in the 1960s regarding regional cooperation. He stated that a great deal of
progress has been made, and he requested that the County Board not carelessly
address the responsibilities of other governments and municipalities in order to not lose
the progress that has been made.
Supervisor Church concurred with Supervisor Minnix’s comments and
noted that the Roanoke Times is sometimes the “public’s worst enemy”. He stated that
at times, perhaps silence is what is needed when negative issues are involved. He
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indicated that there is too much good that takes place in the valley for people to “take
shots at each other”.
Supervisor McNamara indicated that he had a meeting today with the
Roanoke City Manager and he indicated that there is a lot of cooperation that currently
exists. He stated that sometimes comments can be distorted in the newspaper. He
urged the leaders to continue moving forward with cooperative efforts.
2. Presentation from Southeast Rural Community Assistance
Project. (Mary Terry, Executive Director)
Mr. Hodge thanked Ms. Terry, Executive Director, and Russell Rice,
Planner, for their efforts on behalf of the Southeast Rural Community Assistance Project
(RCAP). He noted that two of the better known projects which they have worked with
the County on include: (1) Provision of water to a small community on Buck Mountain
Road. (2) Water and sewer project in the Oldfields section of Hollins, which was one of
the projects submitted to the National Civic League when the County won the 1989 All
America City award. Roanoke County is the only County in Virginia to win this award.
Ms. Terry reported that RCAP has been working with rural communities
since 1969 to help provide water and wastewater facilities, as well as housing and
economic development, in order to improve their quality of life. On May 5, RCAP
celebrated National Drinking Water Week. At this event, both Roanoke County and Mr.
Hodge were recognized for the partnership they have provided with RCAP. Ms. Terry
recognized Roanoke County for its cooperation with neighboring jurisdictions in the
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development of a Regional Water Authority. She noted that this cooperation will result
in greater economies of scale and a more secure rate structure for water users. She
stated that the County has worked hard for many years to provide safe drinking water
for its residents, and cited the example of the work done in the Hollins community. Ms.
Terry indicated that the efforts between Roanoke County and Roanoke City to provide
safe, affordable drinking water for all citizens have been a tremendous success. Ms.
Terry presented the “Water is Life” award to the Board of Supervisors.
IN RE: NEW BUSINESS
1. Request for a pledge of support to the Campaign for Fair Airfares
currently being conducted by the Roanoke Regional Chamber of
Commerce in conjunction with the Regional Airport Commission.
(Elmer Hodge, County Administrator; Beth Doughty, Executive
Director, Roanoke Regional Chamber of Commerce)
A-052703-1
Mr. Hodge reported that over the past year, the Roanoke Regional
Chamber of Commerce and the Regional Airport Alliance have been working to
determine the feasibility of bringing a low-fare airline to Roanoke Regional Airport. A
low-fare carrier operation would decrease the costs associated with flying out of the
Roanoke Regional Airport, would increase the economic competitiveness of the region,
and would provide more access to key hubs such as Atlanta and New York. He noted
that Mr. Barry DuVal, former State Secretary of Commerce and Trade, has been
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recruited to lend his expertise to this project. Beth Doughty, Executive Director of the
Roanoke Regional Chamber of Commerce, has been instrumental in working with the
business community, educational institutions and surrounding localities. She is
requesting that the County pledge a commitment to have Roanoke County employees
traveling by air for business purposes use at least half of those flights on a low-fare air
carrier, if one is recruited to the Roanoke area. The County is recommending that the
Board make this commitment as consideration for the carrier coming to the Roanoke
area.
Ms. Doughty reported that the Regional Economic Development Strategy
recently adopted included 23 tactics which could be implemented to improve economic
competitiveness in the area. One of these tactics addressed the cost of airfare from
Roanoke Regional Airport and involved the recruitment of a low-fare air carrier. Last
June, the formation of the Roanoke Regional Airport Alliance, a public-private
partnership, was announced. The Alliance identified AirTran as the carrier most likely to
begin serving the Roanoke Regional Airport and conversations with this carrier are
ongoing. Ms. Doughty reported that her role in this process is to conduct the pledge
campaign wherein businesses throughout the airport service area are being asked to
estimate the amount of travel that they can commit in a year to AirTran and submit that
amount in a good faith, paper pledge to the Airport Alliance. She emphasized that the
amount of travel is not important. Every pledge is needed to demonstrate to AirTran the
size of the market and travel patterns. The goal is $2 million in pledges and to date,
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$1.5 million in pledges from 53 companies has been secured. Ms. Doughty requested
that Roanoke County, as well as all other governments in the region, look at its travel
patterns and make a pledge in support of low-fare air service.
Supervisor Church stated that if action is not taken on this matter, it will be
a downhill slide. He noted that he has had numerous conversations with citizens
regarding the need to travel to other areas for affordable air fares. He stated that if a
way can be found to make this work, it will attract new businesses and residents to the
Roanoke Valley.
Supervisor Minnix questioned whether we will guarantee a certain number
of seats to AirTran. Ms. Doughty indicated that the pledge campaign is designed to
demonstrate the anticipated size of the market and how many seats the business
community thinks it can fill. Ms. Doughty also indicated that the goal is to obtain
roundtrip air service to Atlanta and to gauge the size of the market to LaGuardia for
nonstop flights. She stated that from Atlanta, 43 cities are served by AirTran. The
information provided to the airline should enable them to determine if they will make
their break-even point.
Supervisor Altizer questioned if the project was starting with narrow
destinations and if expansion is anticipated in the future. Ms. Doughty stated that the
aim is to get service to Atlanta, and from there people can travel to other cities. She
stated that all destinations are being measured in order to provide a “big picture” to
AirTran of where travelers in Roanoke are flying.
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Supervisor McNamara stated that the Board must be prepared to step up
to the plate to guarantee the pledges. He noted that the Department of Transportation
grant previously applied for involved a 50/50 sharing of the costs, and the Board had
previously committed to this level of involvement. Ms. Doughty noted that the pledge
bank makes the grant application a stronger application.
Supervisor Church moved to approve staff recommendation, pledge the
support of Roanoke County to the Campaign for Fair Airfares. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Request to approve the agreement and authorize Parks and
Recreation staff to execute the agreement to dissolve transition
plan between Roanoke County, Hidden Valley Youth Sports
Association, and the Cave Spring Recreation Foundation to allow
the recreation clubs to split when the terms of the agreement are
met. (Pete Haislip, Director of Parks, Recreation and Tourism)
A-052703-2
Mr. Haislip stated that with the opening of the new Hidden Valley High
School, a segment of the youth athletic community in the Hidden Valley area expressed
an interest in forming a recreation club to serve the school. They proposed to split off
from the Cave Spring Recreation Foundation, the existing sports provider, and offer the
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sports of football, cheerleading, basketball and wrestling. In order to meet sanctioning
guidelines as outlined in the Public Use Manual and to minimize the disruption to the
community, Parks and Recreation facilitated an agreement that allowed for the orderly
transition and creation of the Hidden Valley Youth Sports Association. The agreement
was executed on April 22, 2002, and originally identified a 3-year time frame for the
transition to happen. As the transition plan has progressed, it has become evident that
the objectives are being met and that an accelerated split would benefit both clubs in
the administration, operation, and fundraising efforts for their respective clubs. Officials
from each club met and determined under which conditions they would agree to the
split. Mr. Haislip noted that the agreement is included as Attachment A in the agenda
packet, and outlines the aging out policy, club boundaries, provision of equipment, field
lighting, scoreboards, and the necessary approval process.
Mr. Haislip stated that he had anticipated having a signed lighting
agreement in time for the meeting today but it has not yet been received. He indicated
that verbal commitments are in place and the decision to move forward needs to take
place in order to continue with football registrations which are currently several weeks
behind. He asked the Board to approve the agreement as written and authorize the
execution of the agreement when the stated conditions are met.
Supervisor Minnix stated that he thought this matter had been resolved
but apparently this did not work out. Mr. Haislip indicated that the transition plan is
working, and that the groups now feel they have reached the point where Hidden Valley
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has developed a separate identity and the two groups can proceed with the split.
Supervisor McNamara expressed his appreciation to the groups involved
and to Debbie Pitts, Assistant Director of Recreation, for her work in this regard.
Supervisor Minnix moved to approve staff recommendation, approve the
agreement and authorize Parks and Recreation staff to execute the agreement when
the terms have been met. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
3. Request to adopt a resolution in support of the Virginia
Department of Transportation Secondary Road Project 0651-080-
305, C-501, Mountain View Road (Route 651), Vinton Magisterial
District. (Arnold Covey, Director of Community Development)
R-052703-3
Mr. Covey reported that Mountain View Road, Route 651, was placed on
the Six Year Secondary System Construction Plan in 1996 and is priority number seven
in this year’s transportation plan. Mountain View Road is classified as an urban local
road with a traffic count of 1,440 vehicles per day. The 1.049 mile project begins at the
Vinton Town Limits and ends 0.12 mile west of Falling Creek Drive, Route 1075.
Mountain View Road is identified as a possible bike route in the Roanoke Valley’s
Bikeway Plan.
Mr. Covey stated that the proposed road will consist of two 12-foot lanes,
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a 6-foot shoulder, and a 4-foot ditch. The projected advertised date to accept bids from
contractors is set for May 2005, with construction planned to begin sometime later that
same year. The Virginia Department of Transportation (VDOT) held a public hearing
regarding the aforementioned project on March 12, 2003 and approximately 63 people
attended. Out of this number, VDOT received 25 written and oral comments. Of the
numerous public comments received by VDOT relative to this project, almost 60%
pertained to the design and construction of a designated bike lane. Blue Ridge Bicycle
Club stated that they utilize this corridor that leaves the Town of Vinton to the Blue
Ridge Parkway and that this route is highly publicized and advertised within the biking
community. It has been established by the biking club that approximately 90 – 100
cyclists use this route during the weekends.
The total 2003 project cost is estimated to be $3,452,600. Additional cost
to design and construct a designated bike lane (4-foot paved lane) is estimated at
$236,000. The County pays 50% of this cost (approximately $118,000), with the final
amount being determined after construction is complete.
Mr. Covey outlined the following alternatives: (1) Approve a resolution
supporting Virginia Department of Transportation project 0651-080-305, C-501
(Mountain View Road, Rte. 651) with bike lanes and authorize and appropriate the
allocation of funds ($118,000) to cover Roanoke County’s 50% share towards the
construction of the bike lanes with the understanding that additional funding may be
necessary at the completion of the project. (2) Approve a resolution supporting Virginia
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Department of Transportation project 0651-080-305, C-501 (Mountain View Road, Rte.
651) with 6-foot shoulders and no bike lanes. No appropriation of funds is necessary.
Staff is recommending Alternative 1.
Following Supervisor Altizer’s inquiry, Mr. Covey confirmed that the
designated start date for this project is 2005. Supervisor Altizer noted that this route is
heavily traveled by cyclists traveling through Vinton to the Parkway.
Supervisor Flora noted that a significant portion of Mountain View Road
lies within the Town of Vinton and that sections of this road are dangerous. He
questioned what the plans are for improving Mountain View Road. Mr. Covey stated
that most of the funding has been designated for improvements to Hardy Road, and he
is not certain what the priority is for improving Mountain View Road on Vinton’s road
construction plan.
Supervisor McNamara voiced his support for this project and stated that in
the long-term, investing one-half of the cost for this construction will be a small
percentage of the overall cost because VDOT will then be responsible for maintaining
the road. He stated that the County should support this approach on many roads. He
indicated that he would like to see the cycling organizations create a document outlining
priority roads in Roanoke County so that the Board of Supervisors can adopt this “in
principle” and use this for guiding future road construction issues. Mr. Covey stated that
this issue is currently being examined on a regional basis.
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Supervisor Minnix stated that support of greenways, bike paths, and other
amenities is what will set the County apart from other localities.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 052703-3 REQUESTING APPROVAL AND SUPPORT
OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION’S PROJECT
(0651-080-305, C-501) MOUNTAIN VIEW ROAD (ROUTE 651)
WHEREAS
, the Virginia Department of Transportation held a design public
hearing on March 12, 2003 for the purpose of soliciting public comments on the
proposed improvements to Mountain View Road (Route 651).
WHEREAS
, the Board of Supervisors does hereby approve and support the
improvements as proposed to Mountain View Road (Route 651) as outlined in Roanoke
County’s Six Year Construction Plan for Fiscal Year 2003 – 2009.
WHEREAS,
Mountain View Road is identified as a possible bike route in the
Roanoke Valley’s Bikeway Plan,
BE IT FURTHER RESOLVED
, this Board agrees to pay 50% of the County’s
estimated share ($118,000) to construct designated bike lanes, and
NOWBE IT RESOLVED,
, therefore, that a certified copy of this resolution duly
attested be forthwith forwarded to the Virginia Department of Transportation, Salem
Residency Office by the Clerk to the Board of Supervisors.
Recorded Vote
Moved By:
Supervisor Altizer
Seconded By:
None Required
Yeas:
Supervisors Flora, Church, Minnix, Altizer, McNamara
Nays:
None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
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Supervisor McNamara moved to approve the first readings and set the
second readings and public hearings for June 24, 2003. The motion carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
1. First reading of ordinance to obtain a Special Use Permit to
operate a private kennel on 2.21 acres, located at 1459 Mountain
Heights Drive, Catawba Magisterial District, upon the petition of
Randy Grisso.
2. First reading of ordinance to rezone 3.6 acres from R-1 Low
Density Residential and I-1 Conditional Industrial District to C-2
General Office District to construct and operate a
hotel/motel/motor lodge located at 7944 Plantation Road and 8008
Plantation Road, Hollins Magisterial District upon the petition of
Hollins Hospitality, LLC.
3. First reading of ordinance to amend the 1998 Roanoke County
Community Plan as it pertains to policies for Route 460 West
Design Guidelines in the Catawba Magisterial District upon the
petition of the Roanoke County Planning Commission.
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IN RE: FIRST READING OF ORDINANCES
1. First reading of an ordinance authorizing and approving
execution of a lease agreement with NewPipe, Incorporated, for
office space in the Salem Bank and Trust Building, 220 East Main
Street, Salem, Virginia. (Anne Marie Green, Director of General
Services)
Ms. Green reported that NewPipe is a technology company which was an
existing tenant in the Salem Bank and Trust Building. They lease a small suite of
approximately 300 square feet in the building and would like to renew their lease.
Based on the terms of the previous lease, an agreement has been reached for a rental
fee of $370.71 per month. The term of the lease is for one year with an option to renew
for an additional year. Ms. Green indicated that the County will receive $4,448.52 from
the tenant during the first year of the lease. These funds will go into the Salem Bank
and Trust Account to be used for payment of the debt service on the building, as well as
for upkeep and maintenance of the facility.
Supervisor Minnix questioned whether the company had requested any
renovations to the building. Ms. Green indicated that they had not made any requests.
Supervisor McNamara moved to approve the first reading and set the
second reading for June 10, 2003. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
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2. First reading of an ordinance authorizing the quitclaim and
release of an existing 20 ft. waterline easement within the
proposed right-of-way of Matisse Lane (Plat Book 19, Page 122),
Cave Spring Magisterial District. (Arnold Covey, Director of
Community Development)
Mr. Covey stated that the petitioner, Strauss Construction Corporation, is
the developer of The Gardens. In order for this section of Matisse Lane to be accepted
into the State Secondary Road System, VDOT requires that the right-of-way be free and
clear of any third party rights or encumbrances.
Supervisor Minnix confirmed with Mr. Covey that the developer has
pledged to be responsible for all fees associated with the quitclaim and release.
Supervisor Minnix moved to approve the first reading and set the second
reading for June 10, 2003. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
3. First reading of an ordinance authorizing the acquisition and
acceptance of drainage easements for industrial access road
project in Valley Gateway, Vinton Magisterial District. (George
Simpson, Assistant Director of Community Development)
O-052703-4
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Mr. Simpson reported that the Board of Supervisors, at their February 19,
2003 meeting, approved a resolution to the Commonwealth Transportation Board (CTB)
requesting industrial access funding for the road that will extend into Integrity Windows.
This request was approved by the CTB at their May 15 meeting in Richmond, Virginia.
A requirement for the approval of plans and construction of the industrial access road is
that drainage easements be acquired for discharge of stormwater runoff from the right-
of-way that will be maintained by VDOT. Two of the required drainage easements are:
(1) donated easement from the Greater Roanoke Valley Development Foundation
consisting of 0.2 acre. (2) Purchased easement in an amount not to exceed $6,000
from Anthony C. Chambers and the Life Estate of Mary A. Chambers. Staff is also
requesting that the second reading of this matter be waived in order to expedite the
closing on the Integrity Windows site in Valley Gateway.
Supervisor Altizer confirmed with Mr. Simpson that no additional funding
for this matter needs to be appropriated.
Supervisor Church confirmed with Mr. Mahoney that it is acceptable to
waive the second reading, and Mr. Mahoney indicated that a four-fifths vote would be
needed to waive the second reading.
Supervisor Altizer moved to approve the first reading and waive the
second reading to expedite the closing for economic development reasons. The motion
carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
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NAYS: None
ORDINANCE 052703-4 AUTHORIZING THE ACQUISITION AND
ACCEPTANCE OF DRAINAGE EASEMENTS FOR AN INDUSTRIAL
ACCESS ROAD PROJECT IN VALLEY GATEWAY
WHEREAS, the Virginia Department of Transportation requires drainage
easements for the discharge of storm water runoff from the industrial access road,
known as Woods Farm Road, serving Valley Gateway; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition of real estate be accomplished by ordinance; the first reading of this
ordinance was held on May 27, 2003; and that the second reading was dispensed with
in accordance with the provisions of this section in order to expedite the construction of
the industrial access road; and
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition and acceptance of the donated drainage easement
across a portion of property owned by the Greater Roanoke Valley Development
Foundation and designated as Tax Map Number 50.01-1-5.7, is hereby authorized; said
drainage easement shown as “20’ Storm Drain Easement”, on a plat prepared by the
Roanoke County Department of Community Development dated 5/21/03 (Exhibit A).
2, That the acquisition and acceptance of a 20’ drainage easement across a
portion of property owned by Anthony C. Chambers and the Life Estate of Mary A.
Chambers and designated as Tax Map Number 50.01-1-7 is hereby authorized in an
amount not to exceed $6,000; said drainage easement shown as “Proposed 20’ Storm
Drain Easement” on a plat prepared by the Roanoke County Department of Community
Development dated 5/14/03 (Exhibit B).
3. That the County Administrator, or an Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish these acquisitions, all of which shall be on form approved by
the County Attorney.
On motion of Supervisor Altizer to waive the second reading and adopt the
ordinance, and carried by the following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Second reading of an ordinance authorizing the vacation, quit-
claim and release of an unused portion of a 20’ waterline
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473
easement and a portion of a 15’ sanitary sewer easement and to
accept in exchange a relocated new variable width sanitary sewer
easement across property owned by Lewis-Gibbs Corporation,
Tax Map. No. 27.13-4-2, Hollins Magisterial District. (Arnold
Covey, Director of Community Development)
O-052703-5
Mr. Covey stated that there have been no changes in this item since the
first reading. There was no discussion on this matter.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 052703-5 TO VACATE, QUIT-CLAIM AND RELEASE AN
UNUSED PORTION OF A 20' WATERLINE EASEMENT AND A
PORTION OF A 15' SANITARY SEWER EASEMENT CONVEYED TO
THE BOARD OF SUPERVISORS IN DEED BOOK 1305, PAGE 1397,
AND TO ACCEPT IN EXCHANGE A RELOCATED NEW VARIABLE
WIDTH SANITARY SEWER EASEMENT, ACROSS PROPERTY
OWNED BY LEWIS-GIBBS CORPORATION (TAX MAP NO. 27.13-4-2)
IN THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, by deed of easement dated March 3, 1989, and recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1305,
page 1397, Lewis-Gibbs Corporation, as owner of the subject parcel of land, conveyed
to the County of Roanoke certain non-exclusive perpetual easements, including a 20'
water line easement and a 15' sanitary sewer easement, upon and across the parcel of
land identified upon the Roanoke County Land Records as Tax Map No. 27.13-4-2; and,
WHEREAS, Lewis-Gibbs has requested that the Board of Supervisors vacate,
quit-claim and release an unused portion of the 20' waterline easement and a portion of
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the 15' sanitary sewer easement, and to accept in exchange a relocated new variable
width sanitary sewer easement; and,
WHEREAS, the proposed new easement meets the requirements of the affected
County departments, the relocation will provide equivalent service, and the relocation
will be accomplished without cost to the County.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on May 13, 2003; and a second
reading was held on May 27, 2003.
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject real estate (unused portion of waterline easement and
portion of sanitary sewer easement) is hereby declared to be surplus and the nature of
the interest in real estate renders it unavailable for other public uses.
3. That, subject to the following conditions, an unused portion of a 20'
waterline easement and a portion of a 15' sanitary sewer easement conveyed to the
County of Roanoke by deed of easement dated March 3, 1989, and recorded in the
aforesaid Clerk's Office in Deed Book 1305, page 1397, across the property of Lewis-
Gibbs Corporation identified upon the Roanoke County Land Records as Tax Map No.
27.13-4-2 in the Hollins Magisterial District of Roanoke County, designated as
“PORTION OF EXISTING WATERLINE EASEMENT (D.B. 1305, PG. 1397) TO BE
VACATED - L THRU O TO L” and “PORTION OF EXISTING PUBLIC SANITARY
SEWER EASEMENT (D.B. 1305, PG. 1397) TO BE VACATED - A TO G TO H TO C
TO A” on the ‘Easement Sketch for Lewis-Gibbs Corporation,’ dated May 5, 2003, a
copy of which is attached hereto as Exhibit A, be and hereby is authorized to be
vacated, quit-claimed and released.
4. That, in exchange, the “NEW PUBLIC SANITARY SEWER EASEMENT
TO BE GRANTED,” as shown on the above-referenced plat attached hereto as Exhibit
A, shall be granted and donated to the Board of Supervisors and acceptance of this
easement is hereby approved.
5. That, as a condition to the adoption of this ordinance, Lewis-Gibbs
Corporation shall be responsible for all costs and expenses associated herewith,
including but not limited to, all costs associated with relocation of any lines, surveys,
publication, and recordation of documents.
6. That the County Administrator or any Assistant County Administrator is
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish this vacation and acquisition, all of which shall be on form
approved by the County Attorney.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
May 27, 2003
475
NAYS: None
2. Second reading of an ordinance to vacate, quit-claim and release
two certain portions of a 25’ public drainage easement crossing
the property of James R. Walker of Roanoke, LLC and to accept in
exchange a relocated new 25’ public drainage easement, Cave
Spring Magisterial District. (Paul Mahoney, County Attorney)
O-052703-6
Mr. Mahoney reported that there have been no changes in this item since
the first reading. There was no discussion on this matter.
Supervisor Minnix moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 052703-6 TO VACATE, QUIT-CLAIM AND RELEASE
TWO CERTAIN PORTIONS OF A 25’ PUBLIC DRAINAGE EASEMENT
CROSSING THE PROPERTY OF JAMES R. WALKER OF ROANOKE,
LLC AND TO ACCEPT IN EXCHANGE A RELOCATED NEW 25’
PUBLIC DRAINAGE EASEMENT, CAVE SPRING MAGISTERIAL
DISTRICT
WHEREAS, by deed dated January 16, 2003, and recorded in the Clerk's Office
of the Circuit Court of Roanoke County, Virginia, as Instrument No. 200302859, James
R. Walker of Roanoke, LLC, as owner of the subject parcels of land, conveyed to the
Board of Supervisors of Roanoke County perpetual easements (15’ 25’ and variable
width) for the purpose of management, collection, transmission and distribution of
drainage; and,
WHEREAS, the petitioner, James R. Walker of Roanoke, LLC (Walker) is the
current owner of the land over which the above-described easements are located, said
May 27, 2003
476
property being located on the east side of U. S. Route #220 at its intersection with Va.
Secondary Route #766 in the Cave Spring Magisterial District, and being designated on
the Roanoke County Land Records as Tax Map #88.03-1-29 and 88.03-1-29.1; and
WHEREAS, Walker has requested that the Board of Supervisors vacate, quit-
claim and release two certain portions of the 25’ public drainage easement, and in
exchange, Walker is to convey an alternative 25' public drainage easement to the
Board; and,
WHEREAS, the proposed new easement meets the requirements of the affected
County departments, the relocation will provide equivalent service, and the relocation
has been accomplished without cost to the County.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on May 13, 2003; and a second
reading was held on May 27, 2003; and,
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject real estate (portions of public drainage easement) is
hereby declared to be surplus and the nature of the interest in real estate renders it
unavailable for other public uses; and,
3. That, subject to the following conditions, two certain portions of a 25’
public drainage easement across property of James R. Walker of Roanoke, LLC,
located on the east side of U. S. Route #220 at its intersection with Va. Secondary
Route #766 in the Cave Spring Magisterial District, and being designated on the
Roanoke County Land Records as Tax Map #88.03-1-29 and 88.03-1-29.1
designated as "25' PUBLIC DRAINAGE EASEMENT TO BE VACATED" containing
2,149 sq. ft. and “25’ PUBLIC DRAINAGE EASEMENT TO BE VACATED”
containing 1,525 sq. ft. on the “Plat Showing New 25’ Public Drainage Easement
And The Vacation Of A 25’ Public Drainage Easement Crossing The Property Of
James R. Walker Of Roanoke, LLC” dated April 8, 2003, a copy of which is attached
to the proposed ordinance as Exhibit A be, and hereby are, vacated, quit-claimed
and released; and,
4. That, in exchange, the “NEW 25' PUBLIC DRAINAGE EASEMENT”
containing 1,082 sq. ft. as shown on the above mentioned plat, shall be granted and
donated to the Board of Supervisors and acceptance of said easement is hereby
approved; and,
5. That, as a condition to the adoption of this ordinance, Walker shall be
responsible for all costs and expenses associated herewith, including but not limited
to, all costs associated with relocation of the lines, surveys, publication, and
recordation of documents; and,
6. That the County Administrator or any Assistant County Administrator is
May 27, 2003
477
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish this vacation and acquisition, all of which shall be on form
approved by the County Attorney.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the following
recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: SECOND READING AND ADOPTION OF PROPOSED BUDGET
1. Resolution adopting the fiscal year 2003-2004 budget, including
the fiscal year 2004-2008 Capital Improvement Plan, for Roanoke
County, Virginia. (Brent Robertson, Budget Director)
R-052703-7
Mr. Robertson reported that the resolution approving the fiscal year 2003-
04 budget for Roanoke County is detailed by fund and includes unappropriated
balances for the General Government, Capital, Water and Sewer Funds. The School's
budget is included in the overall County budget as presented in the resolution.
Mr. Robertson stated that the proposed budget was submitted to the
Board on April 22, 2003 and a public hearing on the proposed budget was held on April
22, 2003. The FY 2004-2008 Capital Improvements Plan (CIP), which was prepared in
conjunction with the FY 2003-2004 budget, is included as part of this resolution. The
proposed CIP represents an inventory of the County’s capital needs for the next five
years. On April 22, 2003 there was a public hearing to secure citizen comments on the
County’s FY 2004-2008 CIP. The adoption of the CIP does not represent an
appropriation of funds.
May 27, 2003
478
Mr. Robertson noted that approval of the County budget is for informative
and fiscal planning purposes only and does not actually commit or appropriate funds for
expenditure. The commitment of funds will not occur until the second reading and
approval of the FY 2003-04 appropriation ordinance.
Supervisor McNamara thanked the staff for the additional work that went
into the budget preparation this year. He noted his surprise that once the budget
process had progressed beyond the meetings with social and cultural agencies, there
are rarely citizen comments regarding the budget.
Supervisor Minnix expressed his pride in Roanoke County and the staff.
He stated that when he considers the amount of funds that the state allocates to
education, it is apparent that if the job is going to get done and keep Roanoke County
Schools in the top 17% in the nation, it will have to take place at the local level. He
commended staff for continuing to provide the services necessary and the citizens of
Roanoke County who support the funding of these services.
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 052703-7 APPROVING THE FISCAL YEAR
2003-2004 BUDGET FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended,
provides that the governing body of the County shall prepare and approve an annual
budget; and
May 27, 2003
479
WHEREAS, said budget shall be prepared and approved for informative and
fiscal planning purposes only; and
WHEREAS, this budget contains a complete itemized and classified plan of all
contemplated expenditures and all estimated revenues and borrowings for the ensuing
fiscal year; and
WHEREAS, a brief synopsis of said budget was published as required by the
provisions of Section 15.2-2506 of the State Code, and the public hearing as required
thereon was held on April 22, 2003.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia:
1. That there is hereby approved the annual budget for Fiscal Year 2003-
2004 for Roanoke County, Virginia, as shown on the attached Schedules.
2. That the preparation and approval of this budget is for informative and
fiscal planning purposes only.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
May 27, 2003
480
County of Roanoke
Budget Adoption
FY 2003-2004
Adopted
FY 2003-04
Revenue Estimates
General Fund
General Government
General Property Taxes86,850,700
Other Local Taxes24,503,000
Permits, Fees & Licenses641,687
Fines and Forfeitures639,400
Interest Income704,600
Charges for Services1,910,600
Commonwealth7,823,637
Federal2,600,000
Other1,760,316
Total General Government127,433,940
Comprehensive Services2,814,180
E-911 Maintenance975,131
Law Library41,648
S B & T Building387,609
VJCCCA/Life Skills317,620
Recreation Fee Class965,878
Internal Services2,753,219
County Garage282,606
Total General Fund135,971,831
Debt Service Fund - County3,121,789
Capital Projects Fund3,388,515
Internal Service Fund937,906
Water Fund11,781,093
Beginning Balance6,359,765
Total Water Fund18,140,858
Sewer Fund7,311,583
Beginning Balance2,570,328
Total Sewer Fund9,881,911
School Operating Fund104,532,177
School Cafeteria Fund3,871,000
School Capital Fund1,186,193
School Debt Fund8,409,277
Regional Alternative School361,143
School Grants Fund3,905,018
School Textbook Fund965,536
Total School Funds123,230,344
Total Revenues All Funds294,673,154
Less: Transfers(79,486,214)
Total Net of Transfers215,186,940
May 27, 2003
481
Proposed Expenditures
General Fund
General Government
General Administration2,313,021
Constitutional Officers8,300,923
Judicial Administration1,110,435
Management Services2,520,216
Public Safety16,334,687
Community Services9,647,828
Human Services12,414,208
Non-Departmental4,560,417
Transfers to School Operating Fund55,795,241
Transfers to School - Non Recurring125,000
Transfers to Capital Fund3,388,515
Transfers to County Garage132,513
Transfers to Debt Service Fund8,600,030
Other2,190,906
Total General Government127,433,940
Comprehensive Services2,814,180
E-911 Maintenance975,131
Law Library41,648
S B & T Building387,609
VJCCCA/Life Skills317,620
County Garage282,606
Recreation Fee Class965,878
Internal Services2,753,219
Total General Fund135,971,831
Debt Service Fund - County3,121,789
Capital Projects Fund3,388,515
Internal Service Fund937,906
Water Fund12,166,360
Unappropriated Balance5,974,498
Total Water Fund18,140,858
Sewer Fund6,969,139
Unappropriated Balance2,912,772
Total Sewer Fund9,881,911
School Operating Fund104,532,177
School Cafeteria Fund3,871,000
School Capital Fund1,186,193
School Debt Fund8,409,277
Regional Alternative School361,143
School Grants Fund3,905,018
School Textbook Fund965,536
Total School Funds123,230,344
Total Expenditures All Funds294,673,154
Less: Transfers(79,486,214)
Total Net of Transfers215,186,940
May 27, 2003
482
In addition to the above revenues and expenditures, the following beginning balances
will be appropriated to the Unappropriated Balances of the respective fund:
General Fund9,000,000
Capital Fund360,000
May 27, 2003
483
May 27, 2003
484
May 27, 2003
485
May 27, 2003
486
May 27, 2003
487
2. Second reading of ordinance appropriating the funds for the
fiscal year 2003-2004 budget. (Brent Robertson, Budget Director
)
O-052703-8
Mr. Robertson stated that there has been one change to the appropriation
ordinance from the first reading held on May 13, 2003. The Compensation Board has
released the FY 2003-2004 state budget for the Sheriff’s Department and the approved
budget includes three (3) additional “emergency funded” positions for the jail due to
increased inmate population. Twelve (12) emergency funded positions were originally
included in the Sheriff’s budget at the first reading (same level as FY 2002-2003);
therefore, the additional 3 positions increases the total to 15 positions. These positions
are funded by the state for a period of 12 months and will be reviewed by the
Compensation Board on an annual basis as part of the state’s budget process. The
attached Classification Plan reflects these 15 positions in Part III – Grant Funded and
Temporary Full-Time Positions. The change in the appropriation ordinance results in
$69,987 of additional revenue from the Commonwealth with a corresponding increase in
the expenditure budget for care and confinement (jail).
There was no discussion on this matter.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
May 27, 2003
488
ORDINANCE 052703-8APPROPRIATING FUNDS FOR
THE 2003-04 FISCAL YEAR BUDGET FOR ROANOKE
COUNTY, VIRGINIA
WHEREAS, upon notice duly published in the newspaper, a public hearing was
held on April 22, 2003, concerning the adoption of the annual budget for Roanoke
County for fiscal year 2003-04; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved
said budget on May 27, 2003, pursuant to the provisions of Section 13.02 of the
Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia,
as amended; and
WHEREAS, the first reading of this appropriation ordinance was held on May 13,
2003, and the second reading of this ordinance was held on May 27, 2003, pursuant to
the provisions of Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following appropriations are hereby made from the respective funds
for the period beginning July 1, 2003, and ending June 30, 2004, for the functions and
purposes indicated:
May 27, 2003
489
County of Roanoke
Adopted FY 2003-2004 Budget
May 27, 2003
Revenues:
General Fund:
General Government$127,433,940
Comprehensive Services2,814,180
E-911 Maintenance975,131
Law Library41,648
VJCCCA/Life Skills317,620
SB & T Building387,609
Recreation Fee Class965,878
Internal Services2,753,219
County Garage282,606
Total General Fund$135,971,831
Debt Service Fund - County$3,121,789
Capital Projects Fund$3,388,515
Internal Service Fund - Risk Management$937,906
Water Fund$11,781,093
Beginning Balance6,359,765
18,140,858
Sewer Fund$7,311,583
Beginning Balance2,570,328
9,881,911
School Funds:
Operating$104,532,177
Cafeteria3,871,000
Capital1,186,193
Debt8,409,277
Regional Alternative School361,143
Grant3,905,018
Textbook965,536
Total School Fund$123,230,344
Total All Funds$294,673,154
May 27, 2003
490
County of Roanoke
Adopted FY 2003-2004 Budget
May 27, 2003
Expenditures:
General Government:
General Administration
Board of Supervisors$277,339
County Administrator220,913
Community Relations109,446
Asst. Co. Administrators286,791
Human Resources486,663
County Attorney387,327
Economic Development544,042
Total General Administration$2,312,521
Constitutional Officers
Treasurer$679,926
Commonwealth Attorney608,589
Commissioner of the Revenue652,901
Clerk of the Circuit Court821,519
Sheriff's Office1,496,025
Care & Confinement of Prisoners4,041,963
Total Constitutional Officers$8,300,923
Judicial Administration
Circuit Court$197,068
General District Court40,878
Magistrate1,655
J & DR Court13,429
Court Service Unit857,405
Total Judicial Administration$1,110,435
Management Services
Real Estate Assessments$832,425
Finance1,032,236
Public Transportation195,000
Management and Budget168,135
Procurement Services292,420
Total Management Services$2,520,216
May 27, 2003
491
County of Roanoke
Adopted FY 2003-2004 Budget
May 27, 2003
Public Safety
Police$8,119,715
Fire and Rescue8,214,972
Total Public Safety$16,334,687
Community Services
General Services$266,569
Solid Waste4,401,501
Community Development3,463,372
Building Maintenance1,516,386
Total Community Services$9,647,828
Human Services
Grounds Maintenance$1,724,629
Parks and Recreation2,389,477
Public Health459,403
Social Services5,006,771
Contributions-Human Service, Cultural, Tourism407,483
Library2,086,791
VPI Extension89,456
Elections242,758
Total Human Services$12,406,768
Non-Departmental
Employee Benefits$1,340,000
Miscellaneous821,000
Internal Service Charges2,399,417
Total Non-Departmental$4,560,417
May 27, 2003
492
County of Roanoke
Adopted FY 2003-2004 Budget
May 27, 2003
Transfers to Other Funds
Transfer to Debt - General & Schools$8,600,030
Transfer to Capital3,388,515
Transfer to Schools55,447,942
Transfer to Schools - Non Recurring125,000
Transfer to Schools - Dental Insurance347,299
Transfer to Internal Services937,906
Transfer to Comprehensive Services1,153,000
Transfer to County Garage132,513
Total Transfers to Other Funds$70,132,205
Unappropriated Balance
Board Contingency107,940
Total General Government$127,433,940
Comprehensive Services$2,814,180
E-911 Maintenance$975,131
Law Library$41,648
VJCCCA/Life Skills$317,620
SB & T Building$387,609
Recreation Fee Class$965,878
Internal Services
Management Information Systems$2,306,216
Communications447,003
County Garage$282,606
Total Internal Services$3,035,825
May 27, 2003
493
County of Roanoke
Adopted FY 2003-2004 Budget
May 27, 2003
Total General Fund$135,971,831
Debt Service Fund - County$3,121,789
Capital Projects Fund$3,388,515
Internal Services Fund - Risk Management$937,906
Water Fund$12,166,360
Unappropriated Balance5,974,498
18,140,858
Sewer Fund$6,969,139
Unappropriated Balance2,912,772
9,881,911
School Funds:
Operating$104,532,177
Cafeteria3,871,000
Capital1,186,193
Debt8,409,277
Regional Alternative School361,143
Grant3,905,018
Text Book965,536
Total School Funds$123,230,344
Total All Funds$294,673,154
In addition to the above revenues and expenditures, the following beginning balance will be
appropriated to the Unappropriated Balance of the respective fund:
General Fund$9,000,000
Capital Fund360,000
May 27, 2003
494
2. That the County Administrator may authorize or delegate the authorization of the
transfer of any unencumbered balance or portion thereof from one department to
another within a fund.
3. That all funded outstanding encumbrances, both operating and capital, at
June 30, 2003, are re-appropriated to the 2003-04 fiscal year to the same department
and account for which they are encumbered in the previous year.
4. That appropriations designated for capital projects will not lapse at the end of
the fiscal year but shall remain appropriated until the completion of the project or until
the Board of Supervisors, by appropriate action, changes or eliminates the
appropriation. Upon completion of a capital project, staff is authorized to close out the
project and transfer to the funding source any remaining balances. This section applies
to appropriations for Capital Projects at June 30, 2003, and appropriations in the 2003-
04 budget.
5. That all school fund appropriations remaining at the end of the 2002-03 fiscal
year not lapse but shall be appropriated to the School Capital Improvements Fund in
fiscal year 2003-04.
6. That all General Fund appropriations remaining unexpended at the end of
the 2002-03 fiscal year not lapse but shall be re-appropriated as follows:
a) 40% of these unexpended appropriations shall be transferred to the
unappropriated Capital Fund Balance;
b) 60% of these unexpended appropriations shall be re-appropriated to the same
department for expenditure in fiscal year 2003-04 as provided by Resolution
042396-5.
7. Revenues collected for FY02-03 that exceed revenue appropriations and
expenditure appropriations for FY02-03 that exceed actual expenditures for the year
shall be re-appropriated for specific expenditures as follows:
HP Migration and Software Application Upgrades $230,463
8. This ordinance shall take effect July 1, 2003.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: APPOINTMENTS
1. Clean Valley Council
Supervisor Minnix nominated Dennis “Chip” Harris and Lee B. Eddy,
Board Liaison, to serve additional two-year terms which will expire on June 30, 2005.
May 27, 2003
495
2. Library Board (Appointed by District)
Supervisor McNamara nominated Sheryl Ricci, Windsor Hills Magisterial
District, to fill the unexpired term of the late David Smith. This four-year term will expire
.
December 31, 2003
3. Parks, Recreation and Tourism Advisory Commission (Appointed
by District)
Supervisor Altizer nominated Roger Falls, Vinton Magisterial District, to
serve an additional three-year term which will expire June 30, 2006.
4. Virginia Western Community College Board
Supervisor McNamara expressed an interest in serving in this position.
IN RE: CONSENT AGENDA
R-052703-9, R-052703-9.b
Supervisor Minnix moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 052703-9 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM K - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for May 27,
2003 designated as Item K - Consent Agenda be, and hereby is, approved and
May 27, 2003
496
concurred in as to each item separately set forth in said section designated Items 1
through 8, inclusive, as follows:
1. Approval of minutes – May 13, 2003
2. Request from Schools for appropriation of dual enrollment funds in the
amount of $6,733
3. Resolution of appreciation upon the retirement of Lillie J. Kessinger, Social
Services Department, after thirty years of service
4. Request to amend the Constitution and By-Laws for the Roanoke County
Public Safety Volunteer Benefits Board of Trustees
5. Request to approve donation of Police Department vehicle to the Town of
Pulaski
6. Request to accept donation of a right-of-way from Michael S. Harless and
Deborah W. Harless (Tax Map No. 54.04-07-26), Catawba Magisterial District
7. Request to accept donation of a right-of-way from Clarice D. Hartwell (Tax
Map No. 54.04-07-27), Catawba Magisterial District
8. Request to accept donation of an easement from Guy N. Walters, Sr. and Ina
C. Walters (Tax Map No. 54.04-07-22), Catawba Magisterial District
That the Clerk to the Board is hereby authorized and directed where required by
law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Minnix to adopt the Consent Resolution, and carried by
the following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 052703-9.b EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF LILLIE J. KESSINGER, SOCIAL SERVICE
DEPARTMENT
WHEREAS, Lillie J. Kessinger was employed by Roanoke County on April 4,
1973, as a Social Services Aide II; and
WHEREAS, Ms. Kessinger retired from Roanoke County on May 1, 2003, after
thirty years of service; and
WHEREAS, Ms. Kessinger has always shown compassion and concern for all
citizens, caring for many elderly persons throughout the years, assisting them with
shopping, meeting medical needs, seeking resources, and other life enhancing
services, and has been affectionately referred to as “the transportation lady”; and
WHEREAS, Ms. Kessinger has exhibited great flexibility in providing an array of
social services, and a willingness to support her peers in the expansion and
development of new services; and
May 27, 2003
497
WHEREAS, Ms. Kessinger has served with professionalism and integrity, and
through her employment with Roanoke County, has been instrumental in improving the
quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
LILLIE J. KESSINGER
of Roanoke County to for thirty years of capable, loyal and
dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy,
restful, and productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
Ms. Barbara Duerk, 2607 Rosalind Avenue, spoke in support of bicycle
paths being included in the improvements to Mountain View Road. She indicated that
bicycle accommodations are for the convenience of motorists, and she appreciates
space being provided for bicycles. She noted that she has been working with a group of
individuals to revise the VDOT funding formula for bicycle and pedestrian
accommodations. In April 2003, VDOT issued the following new directives revising
bicycle and pedestrian policies so that non-motorized transportation receives the same
consideration as motorized transportation: (1) Bicycle lanes, sidewalks, shared use
paths or other accommodations shall be a part of the design of new highway and major
reconstruction projects. (2) Bicyclists and pedestrians shall have easier access to the
entire transportation system. (3) VDOT will review funding procedures for bike and
pedestrian facilities so that they receive the same treatment as highway projects. (4)
VDOT will identify laws that hinder bicycle and pedestrian accommodations in
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construction projects. (5) VDOT will appoint a regional advisory council to address this
issue.
Supervisor Church expressed his appreciation to Ms. Duerk for her hard
work on behalf of the Roanoke Valley, and noted that the Catawba area, as well as the
other four districts, experience problems avoiding collisions with cyclists.
Ms. Michele Morgan, 4956 Wing Commander Drive, spoke regarding
concerns about the potential lighting of sports fields at Hidden Valley High School. Ms.
Morgan requested clarification regarding the zoning ordinance, sentence 3, which
states: “All proposed recreation areas shall be passive field areas with the exception of
proposed track, baseball/softball field, and tennis courts”. She noted that the television
segment which aired noted that there would be lighting on the soccer field. Ms. Morgan
requested a clear definition of the word “passive”. She also expressed concerns over
the item discussed earlier in the meeting regarding the dissolution of the recreation
clubs. She stated that the implication was that the groups were working to light the
fields at Hidden Valley High School, and she expressed the need to inform the residents
in this area if any changes are to be discussed.
Supervisor McNamara clarified that the fields that were discussed earlier
in the meeting were located at the Merriman site.
IN RE: REPORTS
Supervisor McNamara moved to receive and file the following reports.
The motion carried by the following recorded vote:
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AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future Capital Projects
5. Accounts Paid – April 2003
IN RE: CLOSED MEETING
Supervisor McNamara moved to go into closed meeting followed by work
sessions at 4:32 p.m. pursuant to Code of Virginia Section 2.2-3711 A (7) consultation
with legal counsel and briefings by staff members pertaining to probable litigation,
namely eminent domain proceedings, Chambers drainage easement. The motion
carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: CLOSED MEETING
Closed meeting was held from 6:40 p.m. until 6:51 p.m.
IN RE: WORK SESSIONS
1. Demonstration of voting machines. (Diane Henson, Registrar)
Work session was held from 4:45 p.m. until 5:25 p.m. and was presented
by Diane Henson, Registrar. Also present were Kimberlee Shoup and Debbie Alaveri,
May 27, 2003
500
representatives from WinVote, and RonKeith Adkins, representative from the Electoral
Board. Ms. Shoup demonstrated the new electronic voting machines which weigh
approximately 9 pounds. The complete unit weighs approximately 25 pounds and
includes a booth which serves as the carrying case, storage case, and voting booth.
The new equipment is a wireless system which will allow a voting precinct to be set up
in five minutes. The machines hold the database for the entire election, and smart
cards are used to adapt each machine to the appropriate precinct. Machines contain
their own printer and modem. A poll worker will be responsible for activating the
machine for each voter, and the ballot can be displayed in three modes: normal, zoom,
or audio (for those with visual impairments). Ms. Henson reported that the anticipated
reimbursement from the state for replacement of the machines is $4,000 per precinct.
It was the consensus of the Board to schedule a work session on June 24
for Ms. Henson to update the Board regarding the test of the equipment which is to be
conducted during the primary held on June 10, 2003. If the results of the test are
favorable, this matter is to be brought to the Board for approval at the June 24 meeting.
2. Discussion of proposed amendments to the Roanoke County
Zoning Ordinance 30-93, Signs. (Janet Scheid, Chief Planner;
David Holladay, Planner)
The work session was held from 5:31 p.m. until 6:30 p.m. and was
presented by Janet Scheid, Chief Planner, and David Holladay, Planner.
May 27, 2003
501
Mr. Holladay reported that the proposed changes to the ordinance involve
a cap and replace system whereby the total number of billboards in Roanoke County
would be capped. No increase in the number of billboards would be allowed, although
some billboards would be allowed to be relocated. He reported that there are currently
109 billboards in Roanoke County, and the provision in the ordinance places priority on
replacing billboards which are non-conforming. Many of the non-conforming billboards
are not conforming due to the zoning district where they are located, and agricultural
districts are where the majority of these situations occur. Mr. Holladay stated that the
proposed ordinance would require the removal of a non-conforming billboard in order to
relocate a billboard to a conforming location. If all the non-conforming billboards have
been removed, then the conforming billboard can be relocated. The advertising/sign
industry has expressed concerns if they lose a conforming billboard, they will lose this
billboard and also be required to remove a non-conforming billboard in order to erect a
new billboard. This is due to placing a priority on reducing the number of non-
conforming billboards.
Ms. Scheid indicated that the intent of the zoning ordinance is to phase
out non-conforming billboards. She stated that approximately half of the billboards in
Roanoke County are non-conforming, and the primary reason for this is due to the
zoning district. She clarified that if for any reason a conforming billboard is lost, a non-
conforming billboard must be removed in order to erect another conforming billboard.
She also indicated that if a conforming billboard is damaged, it can be repaired.
May 27, 2003
502
There was general discussion regarding the replacement of non-
conforming billboards in the event they are damaged. Mr. Holladay stated that if a non-
conforming billboard is damaged beyond 50%, it cannot be rebuilt. It may be restored
within 90 days of damage or destruction, but shall not be enlarged, extended, or
structurally reconstructed in any manner. The wording “extended, or structurally
reconstructed in any manner” is a proposed addition to the ordinance.
In response to Supervisor Minnix’s suggestion that the number of non-
conforming signs be gradually phased out over time, Mr. Mahoney indicated that staff
would like to pursue this option but the sign industry has fought against an amortization
period. He stated that the 50% rule is open to interpretation, and he recommended
changes to define “structurally reconstruct” and attempt to clarify the intent of the
ordinance. He indicated that it is a matter of philosophy: does the Board wish to allow
non-conforming signs to remain, or is the intent of the ordinance to phase out non-
conforming signs.
Mr. John G. “Chip” Dicks, counsel for the outdoor advertising industry in
Virginia and Lamar Advertising Company, stated that state law prohibits amortization of
non-conforming billboards. Mr. Dicks indicated that there is a provision in the Highway
Code that states that if a local government removes a billboard, they must pay just
compensation to the owner. This recognizes the fact that there are vested rights for the
land and billboard owners and these rights are protected as a matter of state statute.
Mr. Dicks indicated that the Board has basically adopted this policy in the zoning
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503
ordinance in terms of the two year rule for vested rights which states that if the non-
conforming use is not exercised within that two year period of time, under most local
government zoning ordinances, the vested rights are lost. Mr. Dicks indicated that this
is consistent with the County’s ordinance and the state law. The Highway Code gives
specific provisions with respect to removal. It states that if a billboard was lawful when it
was erected and the zoning ordinance in that area is subsequently changed, that
billboard then becomes non-conforming. He indicated that a number of billboards are
now non-conforming either by state law or based upon zoning changes. The VDOT
standard for phasing out a non-conforming use is 60% of the replacement cost of the
value of the billboard.
There was general discussion regarding how replacement cost is
determined and what determines the value of a billboard. Mr. Dicks requested that the
Board consider the removal of the language on page 8 of the ordinance which referred
to “structurally reconstructed” and on page 9 which included “enlarged, extended or
structurally reconstructed in any manner”. It was noted that Lamar Advertising owns 50
billboards which is approximately half of the 109 billboards in Roanoke County.
There was discussion regarding the allowance of tri-vision signs which
had previously not been allowed under the zoning ordinance. This type of sign allows
for three signs to be displayed on one billboard.
Mr. Hodge requested that the sign industry work with the County to reduce
the number of non-conforming signs. It was noted that there are approximately 4-5 sign
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504
companies in Roanoke County. Mr. Dicks recommended the use of incentives to
encourage billboard companies to move signs out of non-conforming areas.
Supervisor Minnix requested that an additional work session be held to
further discuss this matter and include representatives from each of the 4 or 5 sign
companies in Roanoke County.
. Don Witt, representative from the Roanoke County Planning
Commission, indicated that there is a perception that the Planning Commission is
“beating up on” the billboard industry. He reported that the Planning Commission has
tried during the past year to reach a compromise with the sign industry. He stated that
their goal was to reduce the number of non-conforming signs, and the allowance of tri-
vision signs was offered as an incentive. The tri-vision signs basically allow the sign
industry to have three signs in one.
Bill Lodzinski, Lamar Outdoor Advertising, indicated that he viewed the
cap and replace system as the compromise. He indicated that they did not introduce
the issue of tri-vision signs. There was discussion among the members of the Board
and the sign industry about the safety of tri-vision signs and the possibility of removing
the allowance for these signs.
Other representatives of the sign industry present at the meeting included
Rick St. Clair and Garland Kitts, Lamar Advertising.
It was the consensus of the Board that several issues still need to be
resolved with this ordinance, and there was consensus to postpone action on this
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505
matter at the evening session and to schedule a work session at the June 10 meeting
with the Planning Commission and representatives of the sign industry to further
discuss this matter. It was decided that the public hearing will still be held at tonight’s
meeting.
IN RE: CERTIFICATION RESOLUTION
R-052703-10
At 7:02 p.m., Supervisor McNamara moved to return to open session and
adopt the Certification Resolution. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 052703-10 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the Resolution and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
May 27, 2003
506
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of congratulations to William Byrd High School
Cheerleading Competition Team for winning the Group AA State
Cheerleading Championship
R-052703-11
Chairman McNamara presented the resolution to Barbara Shutt, Coach.
Also present was Richard Turner, Principal. Certificates of recognition were presented
to members of the team.
Supervisor Minnix moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 052703-11 OF CONGRATULATIONS TO WILLIAM
BYRD HIGH SCHOOL CHEERLEADING COMPETITION TEAM FOR
WINNING THE GROUP AA STATE CHEERLEADING CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools in
Roanoke County teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, the William Byrd High School Cheerleading Competition Team is
comprised of members of both the Junior Varsity and Varsity squads who are judged
and selected for membership on the competition team; and
WHEREAS, the competition team won the Group AA state cheerleading
championship for the second consecutive year, defeating 16 other schools at the state
tournament which was held at Virginia Commonwealth University in Richmond; and,
WHEREAS, the team won the Region III Championship for the fourth
consecutive year and also won the Blue Ridge District Competition for the third
consecutive year; and
WHEREAS, the team is coached by Barbara Shutt and Assistant Coaches Ruth
Overfelt, Shawna Hastings, Kelly Dewease, Lindsay Divers, and Belinda West; and
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507
WHEREAS, teamwork is essential in the sport of cheerleading with each member
contributing to the success of the team; and
WHEREAS, individual members of the team were recognized for the following
accomplishments:
st
1 Team All District: Monica West
Emily Holdren
nd
2 Team All District: C. J. Tribble
Ashley Creasy
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its sincere congratulations to the
WILLIAM BYRD HIGH SCHOOLCHEERLEADING COMPETITION
members of the
TEAM: Leann Barber, Christina Bryan, Jamie Conner, Ashley Creasy, Ashleigh
Glass, Amanda Gurley, Allyson Henderson, Emily Holdren, Amber Hylton, Renae
Hylton, Heather Leffell, Amanda Mitchell, Chelsea Roark, Ashli Semones, Josh
Thomas, Joy Thomas, Courtney Thompson, C. J. Tribble, Monica West, Ashley
Williams and Amy Neas, Alternate,
for their athletic ability, their team spirit and their
commitment to each other; and
BE IT FURTHER RESOLVED that the Board of Supervisors extends its best
wishes to the members of the team, the coaches and the school in their future
endeavors.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Resolution of congratulations to students at Burton Technology
Center for winning the Virginia Skills USA Vocational Industrial
Clubs of America, Inc. (VICA) awards
R-052703-12
Chairman McNamara presented the resolution to Joan Farley, Skills USA
advisor, and Ben Helmandollar, Associate Administrator of Career and Technical
Education. Certificates of recognition were presented to the following students: Abby
Jones, Elaine Main, Dominik Poetek, J. D. Riddle, Blair Shriver, Erin Sowder, Tucker
May 27, 2003
508
Stapleton, and Amanda Wilson, Cave Spring High School; Ben Hicks, Kirk Gravely, and
Chance Worley, Glenvar High School; Josh Thurston and Victoria Padgett, Hidden
Valley High School; Tara Gravely, Northside High School; April Brown, William Byrd
High School; and Zach Emerson, a post-secondary Computer Information Technology
student.
The Board members extended their congratulations to the students and
expressed pride in their achievements.
Supervisor Flora moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 052703-12 OF CONGRATULATIONS TO VOCATIONAL
INDUSTRIAL CLUBS OF AMERICAN, INC. (VICA) STUDENTS AT A. R.
BURTON TECHNOLOGY CENTER FOR WINNING THE VIRGINIA
SKILLS USA VICA AWARDS
WHEREAS, SkillsUSA–VICA is the second largest student organization in the
nation, serving more than 260,000 high school and college students and professional
members who are enrolled in training programs in technical, skilled and service
occupations; and
WHEREAS, there are approximately 13,000 VICA members from 203 schools in
the Commonwealth of Virginia; and
WHEREAS, several students from A. R. Burton Technology Center, having
achieved first place in local and district level competitions, won gold medals at the
Virginia SkillsUSA-VICA state competition held in April, 2003; and
WHEREAS, the following awards were received:
?
American Spirit Award:Abby Jones and Erin Sowder, Cave Spring
High School; and Tara Gravely, Northside High School.
Selected the
chapter with the best activities in community service, patriotism,
citizenship and public relations. Students submit a scrapbook and
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509
participate in an interview.
?
Promotional Bulletin Board:Amanda Wilson and Dominik Poetek,
Cave Spring High School.
Awarded to the student designed and
constructed bulletin board that does the best job of promoting Career and
Technical Education and SkillsUSA-VICA.
?
Occupational Display:Ben Hicks, Kirk Gravely, and Chance Worley,
Glenvar High School; J. D. Riddle, Cave Spring High School; and
Josh Thurston and Victoria Padgett, Hidden Valley High School.
Awarded to the student designed and constructed display which best
depicts their particular program. The display was built by welding
students.
?
Students of the Year:Tucker Stapleton, Cave Spring High School,
and April Brown, William Byrd High School.
Awarded to the male and
female students who have demonstrated excellence in all aspects of
student life. Students must document activities, grades and attendance;
demonstrate leadership at the highest level; successfully complete an
examination; and participate in an interview.
?
Community Service: April Brown, William Byrd High School, and
Elaine Main, Cave Spring High School.
Awarded to the school which
completed the most thorough and successful community service activity.
The activity must be documented and students complete a presentation
before a panel of judges. The activity was an angel tree project for the
Head Start center located at A. R. Burton Technology Center.
?
Job Interview: Zach Emerson, a post-secondary Computer
Information Technology Student.
Awarded to the student who
demonstrated the best ability to successfully complete a job interview
before a panel of business and industry judges.
?
Spelling: Blair Shriver, Cave Spring High School.
Awarded to the
student who scores the highest on a written spelling examination.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its sincere congratulations to the
students at A. R. Burton Technology Center for winning the Virginia USASkills-VICA
awards; and
BE IT FURTHER RESOLVED that the Board of Supervisors extends its best
wishes to each of the students in all of their future endeavors.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCE
May 27, 2003
510
1. First reading of ordinance to increase the salaries of the members
of the Board of Supervisors pursuant to Section 3.07 of the
Roanoke County Charter and Section 15.2-1414.3 of the Code of
Virginia. (Paul Mahoney, County Attorney)
Mr. Mahoney reported that this ordinance would provide for a salary
increase for members of the Board of Supervisors in accordance with provisions
outlined in the County Charter and in the Code of Virginia, Section 15.2. He noted that
these statutory provisions set forth the procedure that must be followed and the time
frame in which it must occur. The Board is considering a 2% salary increase which, in
accordance with past practices, is consistent with the salary increases which have been
approved for County and School employees. The amount of the increase would provide
each Board member with an increase of $269.89. Mr. Mahoney noted that this is a first
reading and public hearing. The second reading is scheduled for June 10, 2003.
There were no citizens present to speak on this matter.
In response to a question from Supervisor Church, Mr. Mahoney
confirmed that this increase is $269.89 per year.
Supervisor Minnix stated that when you look at the salaries of paid
officials, particularly members of the Board of Supervisors, you realize that they are
motivated by reasons other than the money. He indicated that he was supporting this
increase to benefit individuals who may choose to serve on the Board in the future and
to help attract quality individuals. He stated that the number of hours needed for
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511
meetings, discussions with citizens, and other obligations of serving on the Board,
translates to a low hourly wage.
Supervisor Minnix moved to approve the first reading and set the second
reading for June 10, 2003. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1. Second reading of ordinance to rezone .67 acres from C-1 Office
District to C-2 General Commercial District in order to operate a
beauty salon located at 3505 Brambleton Avenue, Windsor Hills
Magisterial District, upon the petition of Windsor House, Inc.
(Janet Scheid, Chief Planner) Withdrawn at the request of the
petitioner
Chairman McNamara confirmed that this item had been withdrawn at the
request of the petitioner.
2. Second reading of an ordinance to rezone 1.8 acres from R-3
Medium Density Multi-Family Residential District to C-1 Office
District in order to operate a general office located at 3406 Ogden
Road, Cave Spring Magisterial District, upon the petition of Balzer
& Associates, Inc. (Janet Scheid, Chief Planner) Withdrawn at
the request of the petitioner
May 27, 2003
512
Chairman McNamara confirmed that this item had been withdrawn at the
request of the petitioner.
3. Second reading of an ordinance to amend the Roanoke County
Zoning Ordinance Section 30-93 Signs upon the petition of the
Roanoke County Planning Commission. (Janet Scheid, Chief
Planner) Postponed from April 22, 2003 by the Planning
Commission
Ms. Scheid stated that this effort to revise the Roanoke County sign
ordinance began approximately 15-16 months ago at the request of the Planning
Commission regarding ways to revise the sign ordinance to achieve several goals
dealing with on-premise signs and billboards. The Planning Commission expressed
interest in clarifying the ordinance with respect to on-premise signs and simplifying the
enforcement process for staff. In addition, the Planning Commission outlined the
following goals with respect to billboards: (1) Over a period of time, reduce the overall
number of billboards. (2) Over a period of time, reduce the number of non-conforming
billboards. One of the methods recommended by staff to achieve these goals was the
proposed ban on all new billboards, a strategy which has been utilized by a number of
localities in Virginia. This process was rejected by the Planning Commission who
expressed an interest in achieving a compromise solution with the sign industry to
achieve the specified goals. Ms. Scheid indicated that at that time, staff prepared a
revised ordinance which includes a “cap and replace” policy. This means that new
May 27, 2003
513
billboards can be installed, but in return a billboard must be removed. To achieve the
Planning Commission’s goal of reducing the number of non-conforming billboards, the
revised ordinance places a priority on removing non-conforming billboards. In some
specific instances, this may result in a conforming billboard coming down and a non-
conforming billboard also having to be removed in order to install one new billboard.
Ms. Scheid stated that over the course of the past 15-16 months, Planning
Department staff and members of the Planning Commission have met approximately 8-
10 times in work session and public hearings regarding this issue. She indicated that
from the outset, representatives of both the on-premise and billboard sign industries
have attended and participated in the meetings. These representatives indicated that
they did not want to see a total ban on new signs and the Planning Commission listened
to these concerns.
Ms. Scheid outlined the major amendments to the sign ordinance which
are as follows: (1) Allowing temporary signs (banners) by annual permit, but in
exchange, reducing the number of banners allowed from two to one. (2) Prohibiting roof
and portable signs. (3) Amending the ordinance so that non-conforming signs that lose
their main supporting structure(s) cannot be rebuilt. (4) Offering a reduced setback
option for freestanding signs in commercial and industrial zoning districts, in exchange
for reduced sign height. (5) Amending the off-premises (billboard) regulations by
placing a cap on the number of billboards currently existing in Roanoke County.
Construction of new billboards would still be allowed, but only after removing an existing
May 27, 2003
514
billboard. Priority would be given to removing first those billboards that do not conform
to current standards. (6) Providing for construction of tri-vision changeable messages
on certain off-premises signs. (7) Amending definitions to support the proposed
regulatory changes.
Ms. Scheid stated that the Planning Commission heard the revised
ordinance at their meeting on May 6, and one citizen spoke in favor of the revisions.
The planning commission approved the matter with a vote of 3-0.
Mr. Roger Holnback, 2302 Stanley Avenue, spoke in favor of the proposed
revisions to the sign ordinance. He stated that the proposed changes allow for a
change in the location of the signs which can be very effective in re-establishing the
rural character of the community in the outlying portions of the County.
Mr. Robert H. Hunt, 709 Maryland Avenue, spoke in favor of the proposed
revisions to the sign ordinance. He stated that the County is a trendsetter, as noted by
their work in the visioning process which led to the formation of the Western Virginia
Land Trust and also the enlightened cell phone ordinance established by Roanoke
County which led the way for other jurisdictions. He stated that the proposed ordinance
seems to be an enlightened approach which provides a workable solution that should
be implemented.
Ms. Kristin Peckman, 8131 Webster Drive, spoke in favor of the proposed
revisions to the sign ordinance. She indicated that when she moved to Roanoke in
1981, the area was a “magnificent scenic valley”. She indicated that people who live
May 27, 2003
515
here do not realize the treasure they have and are not preserving the area. She stated
that billboards are an eyesore to everyone except those who put them up and those
whose products and services are advertised on them. She requested that the Board
adopt the proposed resolution.
Mary Zirkle, 747 Devonshire Drive, submitted a written statement to the
Board in support of the proposed revisions to the sign ordinance since she was unable
to attend the meeting. She stated that the “ordinance revision is a step in the right
direction to enabling the goal, implementation strategies, and objectives laid out in 1998
Community Plan”. She also indicated that 9 of the top 10 Virginia localities, ranked in
terms of total tourist expenditures, do not allow billboards. She stated that there “is a
place for billboards. Agricultural lands and open spaces in Roanoke County are a more
precious commodity for us as citizens and our local tourist industry than is the
allowance of outdoor advertisement that benefits the billboard industry”.
Supervisor McNamara stated that the Board met in work session this
afternoon regarding this matter, and he indicated that a number of issues still need to be
resolved.
John G. “Chip” Dicks, counsel for the outdoor advertising industry in
Virginia and Lamar Advertising Company, noted that a constructive dialogue took place
during the work session and the focus has narrowed down to several issues which he
feels can be resolved. He stated that if it is the Board’s pleasure to defer action on this
matter, he is committed to working with the County Attorney, County Administrator and
May 27, 2003
516
the Planning Department to address those issues.
Supervisor Minnix stated that this issue may be more complex than the
Board initially thought, and he commended the Planning Department for their efforts in
attempting to regulate sign issues. He indicated that as many questions began to arise,
he did not feel comfortable in voting on this matter until these issues have been
resolved. He stated that there is still a good possibility that the sign industry may lose
some signs, and that it is his desire to mediate this solution to soften the blow for those
affected. He emphasized the need to find a solution that will enhance the beauty of
Roanoke County, while at the same time providing a workable solution for the sign
companies. He requested an additional meeting regarding this issue.
Supervisor McNamara indicated that he felt the majority of the Board
wanted to hold an additional work session. He suggested that since this matter has
been ongoing for some time, he would not recommend postponing the matter for four
weeks. He recommended that a work session with the Planning Commission and the
sign industry be held at the June 10 meeting.
Supervisor Altizer stated that he was in favor of scheduling this matter
within two weeks and moving forward from that point. If additional information is
needed, the matter can be carried forward at that time.
Supervisor Flora stated that it became obvious during the work session
that there were a number of unresolved issues. He indicated that returning this matter
to the sign industry and staff will not necessarily solve the problems because the Board
May 27, 2003
517
will be responsible for ultimately making the decision. He indicated that the Board
needs to provide direction to the staff regarding the Board’s desired modifications to the
ordinance. He indicated that at the next work session, the Board should be prepared to
provide the necessary direction to staff to modify the ordinance so it can be returned to
the Board for approval in four weeks.
Supervisor McNamara indicated that the Planning Commission should be
included in this meeting, and Supervisor Flora concurred.
Supervisor McNamara moved to postpone action on this item until June
24, 2003 and to schedule a work session on June 10 with the Planning Commission to
further discuss this issue. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
4. Second reading of an ordinance to obtain a Special Use Permit to
construct a religious assembly facility on 5.99 acres, located at
7700 Willow Branch Road, Cave Spring Magisterial District, upon
the petition of Lighthouse Church of the Brethren. (Janet Scheid,
Chief Planner)
O-052703-13
Ms. Scheid reported that the property is currently zoned AG-3 and
religious assembly is permitted in this zoning district with a special use permit. She
indicated that the petitioner currently owns the property which is located on Boones
May 27, 2003
518
Chapel Road in Boones Mill. The petitioners wish to build a new church that will
accommodate their current membership of 60, as well as proposed growth to a 100 seat
sanctuary. The Planning Commission approved this matter with a vote of 3-0.
Supervisor Minnix noted that this was a good location for a church, the
individuals in the area are good folks, and the right to worship is granted in the
constitution.
There were no citizens present to speak on this matter.
Supervisor Minnix moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 052703-13 GRANTING A SPECIAL USE
PERMIT TO LIGHTHOUSE CHURCH OF THE BRETHREN
TO CONSTRUCT A RELIGIOUS ASSEMBLY FACILITY
ON 5.99 ACRES LOCATED AT 7700 WILLOW BRANCH
ROAD (TAX MAP NO. 114.00-2-18.2), CAVE SPRING
MAGISTERIAL DISTRICT
WHEREAS, Lighthouse Church of the Brethren has filed a petition for a special
use permit to construct a religious assembly facility on 5.99 acres located at 7700
Willow Branch Road (Tax Map No. 114.00-2-18.2) in the Cave Spring Magisterial
District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
May 6, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on April 22, 2003; the second reading and public hearing on this
matter was held on May 27, 2003.
NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to
Lighthouse Church of the Brethren to construct a religious assembly facility on 5.99
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519
acres located at 7700 Willow Branch Road (Tax Map No. 114.00-2-18.2) in the Cave
Spring Magisterial District is substantially in accord with the adopted 2000 Community
Plan pursuant to the provisions of 15.2-2232 of the 1950 Code of Virginia, as
'
amended, and said Special Use Permit is hereby approved.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
5. Second reading of an ordinance to rezone 4.842 acres from R-1
Low Density Residential District to R-3 Medium Density Multi-
Family Residential District with conditions in order to construct
multi-family dwellings located at 1400 Hardy Road, Vinton
Magisterial District, upon the petition of Development & Design,
LLC. (Janet Scheid, Chief Planner)
O-052703-14
Ms. Scheid stated that the petitioners would like to build 18 one-story patio
homes on this site with one private street entering the site. She indicated that the
property adjoins the Deer Ridge townhouse development and at the public hearing held
by the Planning Commission on May 6, Mr. Cary Johnson, President of the Deer Ridge
Homeowners Association, expressed concerns about the number, type and height of
the proposed structures. He specifically expressed concern regarding access from the
Deer Ridge townhouses and access from the Deer Ridge townhouses to the Wolf Creek
May 27, 2003
520
Greenway. Ms. Scheid stated that the petitioner’s property is aligned between the Deer
Ridge townhouses and the Wolf Creek Greenway. Mr. Johnson stated that the
residents of Deer Ridge use the greenway on a daily basis and are concerned that their
access to the greenway may be impeded by the new development. The petitioner to
counsel addressed this matter, and indicated that they would be willing to explore the
use of a public open space which would help to address this situation. The Planning
Commission approved the request with a vote of 3-0 with the following conditions: (1)
Petitioner proffers that the site will be developed as a patio home community in
substantial conformity with the concept plan. (2) Petitioner proffers that the area along
Wolf Creek identified on the concept plan as a green space/conservation area will not
be developed but held out as an amenity for the residents of this development with the
possibility of dedicating all or a portion of the area as part of the greenway trails system.
Mr. David Helscher, attorney for Mr. and Mrs. Russell Short who are the
owners and developers of the site, indicated that Ms. Scheid had accurately stated the
intent of the petitioners. He stated that he feels that the concerns expressed by the
residents of Deer Ridge have been adequately addressed, as evidenced by the fact that
they were not present at the meeting. Mr. Helscher indicated that the petitioners were
present at the meeting.
Supervisor Altizer asked Mr. Short if he is willing to proffer dedicating a
portion of the property to the greenway. Mr. Short indicated that the greenway is
located across the street from their property. He stated that there is a sidewalk in front
May 27, 2003
521
of his property which runs to Deer Ridge. He has spoken with the representative from
the greenway and was informed that there was nothing he could do to benefit the
greenway other than making the appearance on his property appealing to the
homeowners and the general public. He stated his intention to maintain the property
and have it “look like a park”.
Supervisor Altizer questioned Ms. Scheid regarding the possibility of an
easement for the greenway through this property. Ms. Scheid indicated that she had
spoken with the residents of Deer Ridge at the Planning Commission hearing, and they
voiced the concern that they do not have safe access from their development to the
petitioner’s development due to a significant change in grade. Ms. Scheid indicated that
if they were able to obtain suitable access to the petitioner’s property, then she felt that
the petitioner would be willing to dedicate an area of open space towards Hardy Road to
allow a crossing to the greenway.
Mr. Helscher noted that none of the actions proposed by the petitioner will
inhibit Deer Ridge. As noted, the greenway is located across the road from the
petitioner’s property. He stated that if the greenway is interested in this property, the
petitioner is willing to work with them and they intend to maintain this area as an open
green space whether it is privately owned and maintained or whether it is dedicated as
a part of the greenway trails system.
Ms. Scheid indicated that she is working to schedule a meeting with the
Homeowners Association at Deer Ridge and Liz Belcher, Greenways Coordinator, to try
May 27, 2003
522
to resolve the issue of access to the greenway.
Supervisor Altizer moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 052703-14 TO CHANGE THE ZONING
CLASSIFICATION OF A 4.842-ACRE TRACT OF REAL
ESTATE LOCATED AT 1400 HARDY ROAD (TAX MAP NO.
61.18-2-24) IN THE VINTON MAGISTERIAL DISTRICT FROM
THE ZONING CLASSIFICATION OF R-1 TO THE ZONING
CLASSIFICATION OF R-3 WITH CONDITIONS UPON THE
APPLICATION OF DEVELOPMENT & DESIGN, LLC
WHEREAS, the first reading of this ordinance was held on April 22, 2003, and
the second reading and public hearing were held May 27, 2003; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on May 6, 2003; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing
4.842 acres, as described herein, and located at 1400 Hardy Road (Tax Map Number
61.18-2-24) in the Vinton Magisterial District, is hereby changed from the zoning
classification of R-1, Low Density Residential District, to the zoning classification of R-3,
Medium Density Multi-Family Residential District.
2. That this action is taken upon the application of Development & Design,
LLC.
3. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia,
hereby accepts:
(1) Petitioner proffers that the site will be developed as a patio
home community in substantial conformity with the attached concept plan
prepared by Rodney Pierson, dated February 10, 2003.
(2) Petitioner proffers the area along Wolf Creek identified on
the concept plan as a green space/conservation area will not be
developed but held out as an amenity for the residents of this
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523
development with the possibility of dedicating all or a portion of the area
as part of the Greenway Trails system.
4. That said real estate is more fully described as follows:
Beginning at a point on the northerly right of way line of Hardy Road (State
Secondary Rte. 634), variable in width, said point being a corner to the property
of Pierre and Carolyn Goria (Tax Map No. 61.18-2-23); thence leaving Hardy
Road and with the line of Goria and also following generally the easterly
boundary of Wolf Creek the following ten courses and distances: N. 14 deg. 55’
27” W. 94.56 feet; N. 33 deg. 33’ 15” E. 26.93 feet; N. 5 deg. 58’ 45” E. 95.62
feet; N. 14 deg. 35’ 47” W. 54 feet; N. 10 deg. 47’ 10” E. 92.96 feet; N. 9 deg.
24’ 08” E. 54.35 feet to a point on line of Town of Vinton (Tax Map No. 61.18-2-
22); thence with the same and still following Wolf Creek, N. 27 deg 45’ 15” E.
107.35 feet; N. 48 deg. 05’ 00” E. 130.90 feet; N. 25 deg. 15’ 00” E. 64.90 feet;
N. 44 deg. 05’ 00” E. 112.30 feet to a point on line of property of R. Stephen
Brown (Tax Map No. 61.18-2-25); thence leaving Wolf Creek and with the line of
Brown and other lots in Deer Ridge Subdivision, S. 17 deg. 43’ 50” E. 346.63
feet to a point; thence continuing with the Deer Ridge Subdivision, S. 10 deg.
50’ 00” E. 199.95 feet to a point; thence continuing with the lands of the Deer
Ridge Homeowners’ Association, S. 47 deg. 20’ 20” W. 415.83 to a point on the
northerly right of way line of Hardy Road; thence with the same, a curve to the
right whose chord bearing and distance is: N. 52 deg. 24’ 11” W. 128.75 feet,
an arc distance of 128.75 feet, a radius of 5,618.43 feet to the place of
Beginning, and containing 4.84 acres, Tax Map No. 61.18-2-24, more
particularly shown on Concept Plan for Greenway Landing dated February 10,
2003, made by Roderick F. Pierson, L.S.
5. That this ordinance shall be in full force and effect thirty (30) days
after its final passage. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance be, and the same
hereby are, repealed. The Zoning Administrator is directed to
amend the zoning district map to reflect the change in zoning
classification authorized by this ordinance.
On motion of Supervisor Altizer to adopt the ordinance with conditions, and
carried by the following recorded vote:
AYES Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Church: (1) He reported that on May 10 a special election was
held and he congratulated Brandon Bell for receiving the nomination. He stated that
May 27, 2003
524
something was terribly wrong, however; “we forgot the people”. He indicated that from
the beginning he had declared that the process was flawed and he vowed to make this
statement, win or lose. He stated that a 1% turnout should not occur in any election,
regardless of the winner. He encouraged citizens to exercise their right to vote. He
indicated that some may joke, but they do not understand the blood, sweat and tears
which go into running for a state office. He emphasized that voting is a privilege in this
country, and he congratulated the four other candidates who participated in this race
and spoke of the difficulties in covering five large areas during the campaign.
Supervisor Minnix: (1) He stated that the process of refining ordinances is
a difficult task, and he applauded Janet Scheid, Chief Planner, for doing a difficult job
exceedingly well. He suggested that the Board provide greater input to staff, in the
future, in order to provide clearer direction from the Board.
Supervisor Altizer: (1) He indicated that he was very fortunate in the last
two weeks to have attended the Police Officers Memorial Service and the National EMS
Memorial Service. He met family members of individuals who died in the twin towers
tragedy. He asked citizens to let all police officers and EMS personnel know how much
they are appreciated, and to understand that these individuals may someday make the
ultimate sacrifice for the citizens of Roanoke County.
Supervisor Flora: (1) He stated that although he was on vacation and
unable to attend the last meeting, his thoughts were with the Board the entire time they
were in session.
May 27, 2003
525
Supervisor McNamara: (1) He reminded Supervisor Flora that the
meetings are webcast and that he could have viewed the meeting live.
IN RE: ADJOURNMENT
Chairman McNamara adjourned the meeting at 8:22 p.m.
Submitted by: Approved by:
________________________ ________________________
Diane S. Childers Joseph P. McNamara
Clerk to the Board Chairman
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