4/26/2005 - Regular
April 26, 2005
485
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
April 26, 2005
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of April, 2005.
IN RE: CALL TO ORDER
Chairman Altizer called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman Michael W. Altizer, Vice-Chairman Michael A.
Wray, Super90
visors Joseph B. “Butch” Church, Richard C. Flora, Joseph McNamara
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; John M. Chambliss, Assistant County
Administrator; Dan R. O’Donnell, Assistant County
Administrator; Diane D. Hyatt, Chief Financial Officer; Diane
S. Childers, Clerk to the Board
IN RE: OPENING CEREMONIES
The invocation was given by Reverend Steven Kelley, Church of the Holy
Spirit. The Pledge of Allegiance was recited by all present.
April 26, 2005
486
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney added a closed session pursuant to the Code of Virginia
Section 2.2-3711 A (7) consultation with legal counsel and briefings by staff members
pertaining to probable litigation, namely, condemnation of drainage easement from Dr.
Robert G. Trout.
IN RE: NEW BUSINESS
1. Presentation from the U. S. Marine Corps Reserve Unit and the
Marine Corps League and appropriation of $2,500 proceeds from
th
the 9 annual Marine Mud Run. (Pete Haislip, Director of Parks,
Recreation and Tourism)
A-042605-1
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Mr. Haislip advised that this is the 9 year for the Marine Mud Run held in
Green Hill Park in September. He stated that the event has grown to over 1,000
runners and is a nice display for the military equipment utilized by the Marine Reserve
Construction Battalion. He noted that many of the members of Company B have been
deployed oversees and are in our thoughts and prayers. He stated that the Marine
Corps League is also a partner in this program and they help to coordinate the event.
The funds raised from the Mud Run are used to support the Toys for Tots program and
Camp Roanoke, and this year funds in the amount of $2,500 will be used to address
April 26, 2005
487
maintenance issues and to award scholarships. Mr. Haislip advised that the total
contributed to Roanoke County over the nine years is $44,200.
Claude Slomcewski, Marine Corps League, introduced the following
individuals who were present at the meeting: Marines Tom Bedwell and Moses
Stevens. Mr. Slomcewski stated that their brothers in Company B, 4th Engineering
Battalion, are current serving in Iraq and they have supported the Mud Run each year.
th
He noted that this year begins the 10 year for the Mud Run in Green Hill Park and this
year they will have the support of Company C from Lynchburg, as well as a brigade
from North Carolina. Mr. Slomcewski stated that each year a donation has been made
to Camp Roanoke to be used at the discretion of the Parks, Recreation & Tourism
Department. He indicated that two years ago there were over 2,000 runners; however
these numbers have declined somewhat. He presented a check for $2,500 to Mr.
Haislip.
Chairman Altizer presented certificates of recognition to the U. S. Marine
Corps Reserve Unit and the Marine Corps League.
Supervisor Church moved to approve staff recommendation (accept and
appropriate proceeds in the amount of $2,500 from the 9th annual Marine Corps Mud
Run to the Camp Roanoke Fee Class Account). The motion carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
April 26, 2005
488
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Flora moved to approve the first reading and set the second
reading and public hearing for May 24, 2005. The motion carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
1 First reading of an ordinance to rezone approximately 50 acres
.
from AG-3, Agriculture/Rural Preserve District, to R-1, Low
Density Residential District, for the construction of single family
dwellings located northwest of the 5800 block of Crumpacker
Drive and 6200 block of Apple Harvest Drive, Hollins Magisterial
District, upon the petition of Fralin & Waldron, Inc.
IN RE: SECOND READING OF ORDINANCES
1. Second reading of an ordinance authorizing conveyance of
easements to the Western Virginia Water Authority through
property owned by the Roanoke County Board of Supervisors to
provide for the extension of sewer service for the benefit of GCT
Development, LLC, Catawba Magisterial District. (Pete Haislip,
Director of Parks, Recreation & Tourism)
O-042605-2
April 26, 2005
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Mr. Haislip reported that this is the second reading of an ordinance
authorizing the conveyance of a sewer easement to the Western Virginia Water
Authority (WVWA) through Green Hill Park. He reported that in his conversations with
the developer, other improvements were discussed and he advised that he had
recommended a contribution to the greenway as a part of this project. He noted that a
value of approximately $3,000 was determined in accordance with the County’s policy
of attaching a value to the easement. Mr. Haislip indicated that this is a payment to
Roanoke County at fair market value for the easement, and the proceeds will be used
for the greenway construction which is currently in the planning phase.
Supervisor Church moved to adopt the ordinance. Supervisor McNamara
noted a point of order and requested clarification regarding which alternative was being
recommended. Supervisor Church clarified that the motion was to approve Alternative
1, authorize the conveyance of easements for the purpose of the extension of sanitary
sewer service across property owned by the County at Green Hill Park for the benefit of
GCT Development, LLC and accept their donation of $3,000 to the Green Hill Park
greenway. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
ORDINANCE 042605-2 AUTHORIZING CONVEYANCE OF
EASEMENTS TO THE WESTERN VIRGINIA WATER AUTHORITY
THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD
OF SUPERVISORS (TAX MAP NO. 55.00-1-12) TO PROVIDE FOR THE
EXTENSION OF SEWER SERVICE FOR THE BENEFIT OF GCT
DEVELOPMENT, LLC, CATAWBA MAGISTERIAL DISTRICT
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490
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner
of a parcel of land containing 34.45 acres off Harborwood Road in the County of
Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map No.
55.00-1-12; and,
WHEREAS, GCT Development, LLC and the Western Virginia Water Authority
have requested the conveyance of easements across this property to provide for the
extension of sewer service for the benefit of GCT Development, LLC; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including easements, shall be
accomplished by ordinance; the first reading of this ordinance was held on April 12,
2005; and the second reading was held on April 26, 2005.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the interests in real estate to be conveyed are hereby declared to be
surplus, and are hereby made available for other public uses by conveyance to the
Western Virginia Water Authority for the extension of sewer service for the benefit of
GCT Development, LLC.
2. That conveyance to the Western Virginia Water Authority of sewer
easements as shown and described as “New 20’ Sanitary Sewer Easement” and “New
Variable Width Sanitary Sewer Easement” (18,954 sq. ft.) on a plat entitled “Plat
showing New 20” & Variable Width Sanitary Sewer Easement being granted by Board
of Supervisors of Roanoke County to the Western Virginia Water Authority Situated in
Green Hill Park (PB 10, PG. 133) Catawba Magisterial District” prepared by Lumsden
Associates, P. C., dated April 7, 2005, a copy of which is attached hereto as Exhibit A,
is hereby authorized and approved.
3. That the County Administrator, or any assistant county administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
2. Second reading of an ordinance authorizing the exchange of real
estate between the Board of Supervisors and Richard A. Slusher
and Carol P. Slusher on Horseshoe Bend Road, Rte. 936, Vinton
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491
Magisterial District. (Arnold Covey, Director of Community
Development)
O-042605-3
Mr. Covey stated that this item was presented to the Board at the April 12
meeting and there have been no changes since that time. He indicated that the
Slusher’s have executed the appropriate documents and are ready to move forward
with the correction. Staff is recommending adoption of the ordinance.
Supervisor Altizer inquired if this is related to the rural addition which did
not work out and the easements associated with this project. Mr. Covey reported that
once the situation was further investigated, it was determined that it would be best for all
parties involved if the T-turnaround was moved to the other side. All parties have
agreed to the change and this process is necessary for the donation of the right-of-way.
Supervisor Altizer moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
ORDINANCE 042605-3 AUTHORIZING THE EXCHANGE OF REAL
ESTATE BETWEEN THE BOARD OF SUPERVISORS AND RICHARD
A. SLUSHER AND CAROL P. SLUSHER ON HORSE SHOE BEND
ROAD, RTE. 936, VINTON MAGISTERIAL DISTRICT
WHEREAS, by Action No. A-012803-1.b, the Board of Supervisors accepted the
donation of a .1567 parcel of land for public right-of-way from Richard A. Slusher to
construct a T-turnaround at the end of Horse Shoe Bend Road (Route 936); and
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WHEREAS, by deed dated January 15, 2003, and recorded in the Roanoke
County Circuit Court Clerk’s Office as Instrument #200304700, Richard A. Slusher
donated a .1567 acre parcel of land to Roanoke County for said right-of-way; and
WHEREAS, by Resolution 072203-3 the Board requested acceptance of the
extension of Horse Shoe Bend Road to the proposed turnaround into the Virginia
Department of Transportation secondary system; and
WHEREAS, upon field investigation and discussion with VDOT staff, it has been
determined that a proposed change to the project would provide substantial financial
savings to the County and VDOT and would also lessen the impact to the surrounding
area.
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County as follows:
1. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the .1567 acre parcel of land heretofore conveyed by Richard A. Slusher to the
County is hereby declared surplus.
2. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading of this ordinance was held on April 12, 2005, and the
second reading was held on April 26, 2005.
3. That the conveyance to Richard A. Slusher of a parcel of land consisting
of .1567 acre located at the end of Horse Shoe Bend Road in the Vinton Magisterial
District and shown on a plat entitled “Plat showing new right-of-way being conveyed to
Richard A. Slusher by Roanoke County” attached as Exhibit A and prepared by the
Roanoke County Engineering Department, dated April 6, 2005, be, and hereby is
authorized and approved.
4. That in exchange for the conveyance of above-mentioned .1567 acre of
real estate, the donation of a 0.1791 acre parcel of land for public right-of-way from
Richard A. Slusher and Carol P. Slusher (Tax Map No. 80.00-3-34.2) to the Board of
Supervisors as shown on a plat entitled “Plat showing new right-of-way being conveyed
to Roanoke County by Richard A. Slusher” attached as Exhibit B and prepared by the
Roanoke County Engineering Department, dated April 6, 2005, be, and hereby is
authorized and approved.
5. That the County Administrator or any assistant county administrator is
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County as are necessary to accomplish this exchange of property, all of which
shall be on form approved by the County Attorney.
6. That this ordinance shall be in full force and effect from and after its
passage.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
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493
3. Second reading of an ordinance authorizing the sale of
approximately 20 acres of real estate in the Center for Research
and Technology to Tecton Products, LLC, authorizing the
execution of a performance agreement, and appropriating public
funds. (Doug Chittum, Director of Economic Development)
O-042605-4
Mr. Chittum advised that this is the second reading of the ordinance and
he noted that the project was discussed in detail at the first reading. He advised that
the only change which has been made since the first reading is to highlight the
appropriation of public funds to the Industrial Development Authority (IDA) in the
amount of $58,500 to cover the terms of the performance agreement that allows for the
payment of building site fees and water and sewer connections to the Western Virginia
Water Authority (WVWA).
Supervisor Wray questioned if Tecton does not build within the time frame
outlined in the performance agreement, can Roanoke County re-purchase the land for
the original cost? Mr. Chittum responded in the affirmative.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
April 26, 2005
494
ORDINANCE 0426205-4 AUTHORIZING THE SALE OF
APPROXIMATELY 20 ACRES OF REAL ESTATE IN THE CENTER
FOR RESEARCH AND TECHNOLOGY TO TECTON PRODUCTS, LLC,
AUTHORIZING THE EXECUTION OF A PERFORMANCE
AGREEMENT, AND APPROPRIATING PUBLIC FUNDS
WHEREAS, the Roanoke County Board of Supervisors and the Industrial
Development Authority of Roanoke County, Virginia, desire to promote and encourage
the economic development and vitality of Roanoke County and the Roanoke Valley
through the recruitment of new business for the citizens of the Roanoke Valley, in order
to provide for increased employment and corporate investment in Roanoke County; and
WHEREAS, the County is the owner of an approximate 457 acre business park
development known as the Center for Research and Technology, located off State
Route 460 at and near its intersection with Interstate 81 and Exit 132, in the western
portion of the County (the “CRT”), and
WHEREAS, Tecton Products, LLC desires to acquire and develop a portion of
the CRT as a research and development and production facility (the “Project”), and
WHEREAS, the County and the Authority intend, by the sale and development of
approximately 20 acres of real estate in the CRT (“the Property”) to Tecton, that Tecton
will create high quality employment opportunities for the citizens of the Roanoke Valley
by the development of this project which will promote economic development and
generate new tax revenues for Roanoke County; and
WHEREAS, this increased employment and investment constitutes a valid public
purpose for the expenditure of public funds and the sale of public property; and
WHEREAS, the first reading of this ordinance was held on April 12, 2005, and
the second reading was held on April 26, 2005.
BE IT ORDAINED by the Board of Supervisors of Roanoke County as follows:
1. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter approximately 20 acres of land located in CRT is hereby declared surplus to be
made available for economic development purposes.
2. That the conveyance to Tecton Products, LLC, a Minnesota corporation,
of a parcel of land consisting of approximately 20 acres located in CRT in the Catawba
Magisterial District is hereby authorized and approved.
3. That the proceeds from the sale of the land, net of any reimbursement
grant to Tecton for its site development and building permit fees, water and sewer
connections fees, and fire services, will be appropriated to the Public-Private
Partnership account.
4. That the County Administrator or any assistant county administrator is
hereby authorized to execute such documents, including a real estate contract and
performance agreement with Tecton and the IDA, and take such actions on behalf of
Roanoke County as are necessary to accomplish this sale of property, all of which shall
be on form approved by the County Attorney.
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4. That this ordinance shall be in full force and effect from and after its
passage.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
Second reading of an ordinance to vacate a portion of an existing
4.
stormwater management easement, The Cottages at Wexford, and
vacation of a stormwater management easement, Wexford Place
Townhomes, Cave Spring Magisterial. (Arnold Covey, Director of
Community Development)
O-042605-5
Mr. Covey advised that staff presented this request in February; at that
time, there were some ongoing negotiations between the association and the developer.
He indicated that all agreements have since been executed and staff is recommending
the vacation of a portion of the easements.
Supervisor Wray inquired if this will increase any of the water flow
downstream. Supervisor Covey responded in the negative. Supervisor Wray further
inquired if there will be any adverse effect on the citizens downstream. Mr. Covey
advised that there will not be any adverse effects and the storm water volume will
remain the same. Supervisor Wray inquired if there had been any changes since the
last reading and Mr. Covey responded in the negative.
April 26, 2005
496
Supervisor Wray moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
ORDINANCE 042605-5 TO VACATE A PORTION OF AN EXISTING
STORMWATER MANAGEMENT EASEMENT DEDICATED IN PLAT BOOK
23, PAGE 83, THE COTTAGES AT WEXFORD, AND REVISED IN PLAT
BOOK 27, PAGE 183, AND VACATION OF A STORMWATER
MANAGEMENT EASEMENT DEDICATED IN PLAT BOOK 18, PAGE 105,
WEXFORD PLACE TOWNHOMES, AND REVISED IN PLAT BOOK 19,
PAGE 200, LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, by subdivision plat for the Cottages at Wexford, recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 23, page 83,
a variable width Stormwater Management Easement was dedicated and subsequently
revised in Plat Book 27, page 183, following a review and approval of revisions by the
Roanoke County Subdivision Agent, as shown on Exhibit 1 “Portion of Existing
Stormwater Management Easement to be Vacated”; and
WHEREAS, the developer, DAV, LLC, proposes to expand the footprint of the
buildings on the lots adjacent to this easement; and
WHEREAS, the developer has submitted calculations performed by Lumsden
Associates, PC, which indicate that the proposed decrease in the size of this easement
will have no negative impacts upon the functionality of the stormwater facility for this
subdivision; and
WHEREAS, by subdivision plat for Wexford Place Townhomes, recorded in the
Clerk’s Office of the Circuit Court of Roanoke County, Virginia in Plat Book 18, page
105, a Stormwater Management Easement was dedicated and subsequently revised in
Plat Book 19, page 200, as shown on Exhibit 2, “Existing Stormwater Management
Easement to be Vacated”; and
WHEREAS, no facility has been built in this area and the easement is now an
encumbrance in the dedicated right-of-way of Capulet Court; and
WHEREAS, the developer, as the Petitioner, has requested that, pursuant to
Section 15.2-2272.2 of the Code of Virginia (1950, as amended), the Board of
Supervisors of Roanoke County, Virginia, vacate a portion of the existing stormwater
management easement as shown on Exhibit 1 and the stormwater management
easement as shown on Exhibt 2; and
April 26, 2005
497
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection; and
WHEREAS, notice has been given as required by Section 15.2-2204 of the Code
of Virginia (1950, as amended), and the first reading and public hearing of this
ordinance was held on February 22, 2005, and the second reading was held on April
26, 2005.
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 and public hearing of this ordinance was held on February 22,
2005, and a second reading of this ordinance was held on March 8, 2005.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the subject real estate (stormwater management easements) is hereby
declared to be surplus and the nature of the interest in real estate renders it unavailable
for other public use.
3. That a portion of variable width stormwater management easement, being
designated and shown as “Portion of Existing Stormwater Management Easement To
Be Vacated” on Exhibit 1 attached hereto, said easement having been dedicated on the
subdivision plat for The Cottages at Wexford and recorded in the aforesaid Clerk's
Office in Plat Book 23, page 83, and revised in Plat Book 27, Page 183., in the Cave
Springs Magisterial District of the County of Roanoke, be, and hereby is, vacated
pursuant to Section 15.2-2272 of the Code of Virginia,1950, as amended.
4. That the existing portion of a stormwater management easement, being
designated and shown as “Existing Stormwater Management Easement to be Vacated”
on Exhibit 2 attached hereto, said easement having been dedicated on the subdivision
plat for Wexford Place Townhomes and recorded in the aforesaid Clerk’s Office in Plat
Book 18, page 105 and revised in Plat Book 19, page 200, in the Cave Spring
Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to §
15.2-2272 of the Code of Virginia, 1950, as amended.
5. That all costs and expenses associated herewith, including but not limited to
publication, survey and recordation costs, shall be the responsibility of the Petitioners.
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 the provisions of this ordinance, all of which shall be on form
approved by the County Attorney.
7. That this ordinance shall be effective on and from the date of its adoption, and
a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in accordance with Section15.2-2272.2 of the Code
of Virginia (1950, as amended).
On motion of Supervisor Wray to adopt the ordinance, and carried by the
following recorded vote:
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498
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
IN RE: APPOINTMENTS
1. Clean Valley Council
Supervisor Wray advised that Wes Thompson, who resigned from the
Clean Valley Council on April 13, 2005, was unable to attend the meetings due to work
conflicts. Supervisor Wray indicated that he would provide names of potential nominees
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at a future meeting
IN RE: CONSENT AGENDA
R-042605-6; R-042605-6.f
Supervisor Altizer moved to adopt the consent resolution. Supervisor
Church requested that Item J-6 be removed for discussion. Supervisor Altizer amended
the motion to adopt the consent resolution with Item J-6 removed. The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
RESOLUTION 042605-6 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for April 26,
2005, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 9, inclusive, as follows:
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499
1. Approval of minutes – April 12, 2005 (Joint Meeting); April 12, 2005 (Regular
Meeting)
2. Request from the Police Department to accept and appropriate a Division of
Motor Vehicles mini-grant in the amount of $1,460 for purchase of equipment
used to conduct traffic investigations
3. Request from the Police Department to accept and appropriate a Division of
Motor Vehicles mini-grant in the amount of $1,437 for purchase of equipment
to conduct traffic investigations
4. Request from the Police Department to accept and appropriate a Division of
Motor Vehicles mini-grant in the amount of $500 for the purchase of child
safety seats
5. Request from schools to appropriate dual enrollment revenues in the amount
of $769.95
6. Request to appropriate $7,500 from the Board contingency fund for the
purchase of five defibrillators to be used in Roanoke County middle schools
7. Request to accept Clearbrook Village Lane into the Virginia Department of
Transportation Secondary System, and the abandonment of a segment of
Clearbrook Lane as the result of projects for the signalization of Indian Grave
Road and US Route 220
8. Request from the Police Department to accept and appropriate a donation
from the Cartledge Foundation in the amount of $1,000 to be used to
purchase automated external defibrillators
9. Request to accept and appropriate a local government challenge grant in the
amount of $5,000 from the Virginia Commission for the Arts
2. That the Clerk to the Board is hereby authorized and directed where required
by law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Altizer to adopt the consent resolution with Item J-6
removed for discussion, and carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
On motion of Supervisor Flora to approve Item J-6, and carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
Supervisor Church inquired if the $7,500 appropriation will place the
middle schools on an even par with all schools in the County. Supervisor Altizer stated
that when he presented this at the work session, he was under the impression that all
April 26, 2005
500
Roanoke County high schools had defibrillators in place but not the middle schools. He
indicated that it was brought to his attention today that there is a gentleman in Vinton
who is doing an appropriation in his son's or grandson's name (Mr. Wickam at William
Byrd Middle School). Supervisor Altizer reported that he was also told today that it was
possible that Arnold R. Burton does not have a defibrillator; if this is the case, he
requested that enough funds be appropriated to cover the cost of a defibrillator at
Arnold R. Burton.
Mr. Hodge inquired if it is the Board's intent that all high schools, middle
schools, and Arnold R. Burton have defibrillators. Chairman Altizer responded in the
affirmative. Mr. Hodge advised that this action will be adjusted accordingly to ensure
that all the schools are covered.
Supervisor Flora moved to approve Item J-6. The motion carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
RESOLUTION 042605-6.f REQUESTING AN ADDITION AND
ABANDONMENT IN THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM AS A RESULT OF PROJECTS 0675-080-320 AND
0674-080-319, ALSO KNOWN AS SIGNALIZATION OF INDIAN GRAVE ROAD
& US ROUTE 220
WHEREAS, the Department of Community Development has provided this board
with a sketch dated 18 April 2005 depicting the addition and abandonment required in
the secondary system of state highways as a result of projects 0675-080-320 and 0674-
080-319, which sketch is incorporated herein by reference, and
WHEREAS, the new road serves the same citizens as the portion of old road to
be abandoned and that segment no longer serves a public need,
April 26, 2005
501
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add to the secondary system of state highways the
portion of road identified by the sketch to be added, pursuant to §33.1-229, Code of
Virginia, and
BE IT FURTHER RESOLVED, this Board abandons as part of the secondary
system of state highways the portion of road identified by the sketch to be abandoned,
pursuant to §33.1-155, Code of Virginia, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the resident Engineer for the Virginia Department of Transportation.
Moved by: Supervisor Altizer
Seconded by: None Required
Yeas: Supervisors McNamara, Church, Wray, Flora, Altizer
Nays: None
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Future Capital Projects
5. Accounts Paid –March 2005
6. Statement of expenditures and estimated and actual revenues for
the month ended March 31, 2005
7. Report of claims activity for the self-insurance program for the
period ended March 31, 2005
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502
8. Public Safety Center Building Project Budget Report
9. Public Safety Center Building Project Change Order Report
10. Proclamations signed by the Chairman and Board
11. Report on the status of reciprocal trash collection pilot program
with the City of Roanoke
IN RE: CLOSED MEETING
At 3:28 p.m., Supervisor Altizer moved to go into closed session following
the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (5) discussion
concerning a prospective business or industry where no previous announcement has
been made; Section 2.2-3711 A (30) discussion of the award of a public contract
involving the expenditure of public funds and discussion of the terms or scope of such
contract, where discussion in open session would adversely affect the bargaining
position or negotiating strategy of the public body, namely an incentives and
performance agreement with Hollins Hospitality, LLC; and Section 2.2-3711 A (7)
consultation with legal counsel and briefings by staff members pertaining to probable
litigation, namely, condemnation of drainage easement from Dr. Robert G. Trout. The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
April 26, 2005
503
IN RE: WORK SESSIONS
1. Work session to discuss concerns regarding private dog kennels.
(Janet Scheid, Chief Planner)
The work session was held from 3:43 p.m. until 4:20 p.m. Staff present
included the following: Arnold Covey, Director of Community Development; Janet
Scheid, Chief Planner; and Paul Mahoney, County Attorney.
The Board voiced concerns over the use of the word “kennel” and also
over limiting the number of dogs to two. There was general support for increasing the
number of dogs to three.
There was discussion regarding animal control enforcement and the
possible impact of any proposed changes on personnel in this area.
There was a consensus of the Board to schedule a work session on May
10 for staff to present several alternatives for consideration. Supervisor Altizer
requested that information be provided to the Board regarding any problems that
Spotsylvania County and Roanoke City may have experienced under their current
guidelines.
There was general discussion regarding dog parks.
IN RE: CLOSED MEETING
The closed meeting was held from 4:30 p.m. until 5:06 p.m.
April 26, 2005
504
IN RE: CERTIFICATION RESOLUTION
R-042605-7
At 7:00 p.m., Supervisor Altizer moved to return to open session and
adopt the certification resolution. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
RESOLUTION 042605-7 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Certificate of recognition to Catherine White, Northside High
School, Virginia State Champion in the girls cross country
individual group AA
April 26, 2005
505
Chairman Altizer presented the certificate of recognition to Ms. White.
Also present were the following individuals: Dr. Linda Weber, Superintendent; Drew
Barrineau, School Board Chair; Jean Hudson, Assistant Principal at Northside High
School; Derrick Hollins, Coach; and Ms. White’s father.
2. Certificate of recognition to Julie Sablik, Cave Spring High
School, Virginia State Swim Champion in the 100 yard butterfly
event
Chairman Altizer presented the certificate of recognition to Ms. Sablik.
Also present were the following individuals: Dr. Linda Weber, Superintendent; Drew
Barrineau, School Board Chair; Dr. Martha Cobble, Principal at Cave Spring High
School; Holly Moore, Coach; and Sofia Wojwojciech, Ms. Sablik’s mother.
IN RE: BRIEFINGS
1Briefing on the Western Virginia Water Authority (WVWA) water
.
bill conversion and other updates (Elmer C. Hodge, County
Administrator)
Mr. Hodge reported that Gary Robertson, Director of Water Operations,
and Mike McEvoy, Director of Wastewater Operations, were present to provide an
update and share some of the challenges experienced by the WVWA with respect to the
computer software. He noted that the briefing is in response to inquiries the Board
members have received from citizens, and also to provide an update on the WVWA.
April 26, 2005
506
Mr. Robertson advised that he was pleased to report that the employees
of the WVWA have come together and are working as a team. The jurisdictional
boundaries have been overcome and the transition has proceeded better than
anticipated. He stated that progress is being made to improve the infrastructure in order
to provide a more reliable system for valley residents; however, the biggest challenge
has been the billing operation. Mr. Robertson reported that changes had to be made to
all customers: former City customers had to be brought into a monthly billing schedule;
and on January 1, former County residents had to be converted to the new software
being used by the City so that everyone would be on the same billing system. He
stated that this presented a problem in that the billing cycle for many of the County
customers had to be changed. He advised that under the old County system, bills were
sent out once per month and all bills were due at the same time each month. Now,
billing is done weekly and individuals are billed on different cycles. This change
resulted in confusion among customers and resulted in many calls in January and
February. Mr. Robertson noted that there were frustrations because there was
insufficient staff to handle the call volume; however, they have worked through most of
these issues and the call volume is down.
Mr. Robertson reported that there have been concerns expressed
regarding the 28 day billing cycle resulting in more than 12 bills per year. He stated with
certainty that this will not happen. The 28 day billing cycle may result in several bills
that come out in 28 days, but it is always followed with a 33 or 34 day billing cycle. He
April 26, 2005
507
indicated that the bills are generated on the City of Roanoke computer and it is currently
reserved for utility billing on Wednesday afternoons. On the first Wednesday of each
month, all commercial and industrial bills are generated; the following three
Wednesdays are for residential cycles. He indicated that individuals whose billing cycle
is the second Wednesday of the month will always be billed on the second Wednesday
of the month. All bills have a 20 day due date from receipt of the bill and approximately
every third month, there are five weeks in the month and this prolongs when the bill is
processed. Mr. Robertson noted that if bills were generated every four weeks, it would
not be a 28 day cycle. He stated that the only time a citizen would have received two
bills in a month is during January and February in the first quarter cycle; particularly with
the County customers when the histories were brought over from old billing system into
the new billing system, there were several routes where the histories were not brought
over properly and the meter readings were off by several digits. This resulted in the first
bill issued creating an error and the bills were cancelled and re-billed. He stated that
this is the only instance where an individual would receive more than one bill in a
month. Mr. Robertson stated that there are several cases where you could receive one
bill per month, but you could have a month where you get a bill due May 5 and another
bill with a due date of May 31; this is particularly true for those residents in the cycle
which bills the second week of the month. Even in situations where there are two due
dates in one month, there is still only one bill that went out for each month.
April 26, 2005
508
Mr. McEvoy advised that the major change which occurred with respect to
wastewater was the institution of a base charge for City customers. The volume used to
calculate fixed sewer accounts was also changed, and he noted that there is a small
number of customers in both the City and County that have a well but use the WVWA
for sewer service. Prior to the billing conversion, both the City and County used 5,000
gallons per month to approximate their service resulting in a flat rate charge based on
5,000 gallons per month. An examination of the usage showed that the average
residential customer uses approximately 6,000 gallons per month; therefore, this
change was implemented as part of the overall rate changes. Mr. McEvoy stated that
for those customers who would like a different process, the WVWA offers an option to
install a meter on the well and read the meter to use as an approximation for the
wastewater billing. He noted that most residents are happy with the flat rate charge
which is more convenient. Mr. McEvoy further reported that the WVWA billing and
administrative services operations will be consolidated on May 9, 2005. They will be
located at the former Coulter Building on the corner of Franklin Road and Jefferson
Street. Drop boxes will still be offered at the Roanoke County Administration Center
and the Roanoke City Municipal Building.
Supervisor McNamara commended Mr. Robertson and Mr. McEvoy on a
job well done. He noted that his earlier inquiry was based on the change to the new
billing cycle, and he referred to a resident who had expressed concerns regarding bills
rdst
due on the 3 and the 31 of the month. Mr. Robertson advised that he had examined
April 26, 2005
509
this customer’s concerns and indicated that the resident had a bill which was issued on
February 14 with due date of March 7; the next month bill went out on March 11 and
had a due date of March 31. He indicated that there were two bills due in March, but
they only received one bill per month. Mr. Robertson advised that the good part of this
process is that there are no bills due in the month of April. Supervisor McNamara
indicated that he understands the system but he still feels this is not the best way to run
the system; if there is a way to change it, he would prefer a method that does not put
citizens in the position of having two bills due in the same month. He recommended the
following possible alternatives: (1) have all bills in the billing cycle due on the same due
th
date (i.e., the 28); (2) allow those citizens impacted by this cycle to select another
billing cycle; or (3) allow citizens in the second week of the month billing cycle to be
th
given a fixed due date of the 28 of the month. Supervisor McNamara advised that
having only one bill due per month is more customer friendly. Mr. Robertson advised
that they are investigating three options: (1) obtaining access to the computer more
than one day per week in order to process bills several times per week; (2)
implementing provisions that would allow the due date to be moved up in certain
situations; however, he noted that we must be careful not to extend the due date too far
beyond the 20 days because if the individual is late paying the bill but pays it before the
due date, time needs to be allowed for it to be processed prior to issuing the next bill to
avoid incurring a late penalty. Mr. Robertson indicated that 20 days is standard and is
the length of time used by Roanoke Gas and American Electric Power (AEP). He
April 26, 2005
510
indicated that 25 days does not allow time for the banks to process the payments and
issue new bills. (3) shifting the second week of the month cycle by a few days so that it
does not result in two due dates in the same month. Mr. Robertson indicated that he is
confident one of these options will prove viable.
Supervisor McNamara stated that in some form or fashion, there should
be a way to maintain a consistent due date each month. He questioned how much time
elapses from the time the meter is read until the billing is processed. Mr. Robertson
responded that it is approximately two weeks from the time the meter is read until a bill
is issued. Supervisor McNamara inquired if the entire process could be shifted by a
period of seven days one time for the entire billing cycle and then you could run the bills
a week earlier all the time. Mr. Robertson noted that this would have an impact on other
billing cycles and stated that staff is aware of the concerns and will attempt to develop a
solution. Mr. McEvoy indicated that staff also wanted to ensure that all residents had at
least 20 days to pay their bill and this is an additional constraint to be considered. He
again noted that the computer system will not allow billing more than 12 times per year.
Supervisor McNamara stated that there should be a solution because every other utility
has figured out how to bill with a consistent due date.
Supervisor Wray stated that it appears that the power and gas companies
have figured this out, so he can not see any reason why we can not figure it out. He
indicated that we should work this out for the citizens and not place a burden on them of
having to pay two bills in one month. He also inquired about the availability of parking
April 26, 2005
511
for citizens who want to visit the new offices at the Coulter Building. Mr. McEvoy
responded that there is an Allright parking lot adjacent to the building and parking stubs
will be validated for WVWA customers. Mr. Robertson also noted that free parking is
available on the side streets next to the building. He further stated that staff knows
there is a solution to the billing issues and they are trying to be as cost effective as
possible while using someone else’s computer to process bills. He stated that they are
hoping to resolve the problems without the need to purchase their own computer
system; however if it becomes a problem, they may need to purchase their own system.
Supervisor Church stated that the computer and when it is available to the
WVWA for their use is a key factor. He stated that it could be made simple and they
could tell Roanoke City that the County has most of the water and let us use the
computer, but that probably would not work. He stated that change for anyone takes an
adjustment and he noted that he received some complaints at the time of the initial
change, but in the last few months he has not received many complaints. He
questioned how many calls the WVWA was receiving with concerns about the billing
cycle. Mr. Robertson stated that an exact number was not available; however he
checked with the billing staff today and the queue showed that there was no time today
when the wait list exceeded the number of lines available. He stated that this was not
the case in January where wait times of one hour occurred and the goal was to get the
calls to a manageable level. He stated that the transition period was a struggle and it
placed a high demand on the customer service representatives for a period of 30-45
April 26, 2005
512
days. He indicated that all the problems have not been solved, but they continue to
make progress. Mr. McEvoy stated that they were fortunate in the first months of
operation to receive great support from both the County and City, and he expressed
appreciation to the County’s Finance Department and Fleet Operations Division. He
also noted that the data processing operation is being supported by Roanoke City and
he stated if the solution is to change the day that bills are processed each week, he
does not see this as a significant issue.
Supervisor Church suggested that staff examine the number of complaints
compared to the number of customers; if it is exceedingly low, either customers have
adjusted to the change or things are working out satisfactorily. He asked for a study to
be conducted over a 30-day or two billing cycle period to determine call volume.
Supervisor McNamara referenced the scenario previously outlined by Mr.
Robertson for a customer who is billed on the second Wednesday of each month from
January through August. He noted that this cycle would have bills with due dates of
February 1, March 1, March 29, May 3, May 31, June 28, August 2, and August 30.
This would result in eight out of the twelve months in a year having two bills due in the
month under the 28 day billing cycle. He stated that if the billing day remains
Wednesday, the latest date that a second Wednesday of the month would occur is the
thth
13. He recommended keeping a consistent due date of the 30 and indicated that this
would only reduce the pay cycle to 17 days unless it is in the month of February. He
indicated that it is not right that some customers are receiving this type of billing cycle.
April 26, 2005
513
Mr. Robertson stated that the changes would be easy to implement if the due date
period is shortened; however, they were trying to accomplish this within a 20 day
payment period. Supervisor McNamara inquired how billing was previously handled by
the County. Mr. Robertson responded that all bills were processed in the same week
and they all had the same due date. This resulted in situations where the meter reading
could be a month old before the bill is sent out. Supervisor McNamara questioned if this
could be done for bills in each cycle. Mr. McEvoy stated that the issue was that since
all bills were due on the same day, the County billing office was flooded with inquiries
and they were required to process a large amount of work in a short time span. He
indicated that with 55,000 bills being issued monthly, it allows for better customer
service if these are spread out.
Supervisor Flora stated that it sounds like the WVWA has a dilemma and
it presents a challenge to work out these issues without having their own computer
system; the fact is, they are at the mercy of the City in terms of when bills are issued
and they are not free to make necessary adjustments without having their own system.
He stated if they can not get some flexibility, they will continue to experience overlap in
this one particular billing cycle. He stated that most of the individuals in the Hollins
District are laid back and he indicated that he has not heard from many citizens since
the merger occurred. He encouraged the WVWA to look at a permanent solution where
they are not at the mercy of someone else.
April 26, 2005
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Mr. Robertson noted that the residents in the Windsor Hills District are the
citizens who are affected by the second week of the month billing cycle.
Supervisor Altizer advised that operations have improved from both the
City and County perspectives; however a method to address these issues needs to be
determined. He requested that the WVWA staff prepare a recommendation for
presentation to the WVWA Board to help correct this problem.
Mr. Robertson stated that he is aware of two cases involving citizens who
had experienced problems with water pressure in the past which have been able to be
corrected with the WVWA. The same will occur in the Raleigh Court area due to the
ability to switch some pressure zones.
IN RE: NEW BUSINESS
1. Request to adopt the Roanoke County School budget for fiscal
year 2005-2006. (Drew Barrineau, Roanoke County School Board
Chair; Dr. Linda Weber, Superintendent)
A-042605-8
Mr. Barrineau recognized Penny Hodge, Director of Finance for Roanoke
County Schools, who was present at the meeting. He stated that the schools are
fortunate to have the Board of Supervisors as partners, and he indicated that the
schools feel they provide a service that is second to none. He expressed appreciation
to the Board of Supervisors for their continued support.
April 26, 2005
515
Mr. Barrineau stated that the adoption of the budget will be a historic
moment because both the County and schools will be contributing equally to address
long-standing capital needs. He indicated that this will not only impact current students,
but will benefit future generations. He stated that when you examine the funding
situation 15-20 years from now, it will change the footprint in Roanoke County and
future boards will view this as a turning point. He noted that this will move the County
from being reactive to being proactive, and he commended the Board for their support
of the schools.
Supervisor McNamara thanked the schools for what they do and stated
that they are an asset in the County’s economic development recruitment efforts. He
stated that the Board will be happy to approve the budget, and he commended the
Boards and staff for development of a true capital fund and noted this will make a
significant difference in the future.
The Board members each expressed support for the schools and
commended them for an outstanding job.
Supervisor McNamara moved to approve staff recommendation (approve
and adopt the School Board budget for the 2005-2006 fiscal year). The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
April 26, 2005
516
IN RE: PUBLIC HEARINGS
1. Presentation of and public hearing for the proposed budget for
fiscal year 2005-2006 and the fiscal year 2006-2010 Capital
Improvements Program. (Elmer C. Hodge, County Administrator;
Brent Robertson, Director of Management and Budget)
Mr. Hodge introduced the following staff members: Brent Robertson,
Director of Management and Budget; Chad Sweeney, Budget Administrator; Cathy
Tomlin, Budget Analyst; Rick Burch, Chief of Fire and Rescue; Ray Lavinder, Chief of
Police; and Diane Hyatt, Chief Financial Officer. He noted that an overview of the
budget will be presented and there will also be a public hearing. If additional work
sessions are needed, they can also be scheduled. He thanked the staff, Board, and the
schools for their work on the budget and recognized Penny Hodge, Director of Finance,
and Dr. Linda Weber, School Superintendent, who were present at the meeting.
Mr. Hodge stated that this budget is one of the very best and in many
ways it is a “living budget”. He stated that too often a budget is put together, put on the
shelf, and referred to when preparing the budget in future years. He noted that citizens
have been involved in many ways and an example is the Capital Improvement Plan
(CIP) Review Committee. He indicated that for the first time, the CIP was included in
the comprehensive plan. He advised that both he and the staff are pleased to present
the budget to the Board and citizens, and stated that it is a financial and management
plan that does much for the community and staff and hopefully reflects the priorities and
April 26, 2005
517
initiatives that the Board has set forth in work sessions and meetings. He indicated that
the Board establishes the standards by which the staff works toward and achieves, and
this financial plan is used throughout the year. Each department develops a business
operating plan and throughout the year, progress toward objectives is measured. This
is also incorporated into the annual performance evaluations of department heads to
ensure that objectives are being met. The budget presented tonight is balanced within
existing tax rates with one change: an increase in the fee for transport for emergency
services. This allowed for the addition of staffing in several stations and working
cooperatively with the City, allowed for improvement in response times in areas that
previously had longer response times.
Mr. Hodge highlighted the following budget areas: (1) Revenues for the
general fund are $144,077,000 which is a 5.8% increase over last year. (2) Expenses
have a balance of $350,000 to be allocated by the Board and these funds can be
allocated to a capital account or any of the other unfunded requests. He stated that
over the last few weeks, changes occurred in several revenue categories. The net of all
the changes is a $700,000 increase over what was reported two weeks ago and most of
this change occurred in the personal property category. He noted that $350,000 was
used for the high priority items established by the Board during the budget process, and
advised that a market survey for public safety employees was conducted. It was noted
that the City made a mid-year salary adjustment last year for public safety employees
and the County was already behind 5% on average in terms of salaries. This
April 26, 2005
518
information was presented to the Board in a work session and was deemed a high
priority; therefore, it was funded. Mr. Hodge stated that the balance of the $700,000 is
the $350,000 mentioned earlier. He stated that staff is pleased to make this market
adjustment if the budget is approved, and noted that some of the surrounding localities
are recruiting County staff at higher salaries, and this will assist in retention of
employees that we have worked hard to train. He further reported that another example
of the budget being a living document was the hiring of 12 additional staff in the Fire and
Rescue Department. He noted that this issue was brought to the Board earlier in the
year in order to put the fee increases in place, hire the staff, and get them in place upon
graduation from the training academy.
Mr. Robertson advised that the budget office has been working with the
Board, staff, and administration since November 2004 on the budget process. He
indicated that the following items are remaining in the budget process: tonight is the
presentation and public hearing; the first reading of the appropriation ordinance is
scheduled for May 10; and the second reading of the appropriation ordinance and
adoption of the budget is scheduled for May 24. He stated that if additional work
sessions are desired, they can be worked in throughout this time frame.
Mr. Robertson reported that revenue diversification in the County is
handled well. He advised that the general government budget is $144,077,119 and the
total budget including schools is $304,341,041. The cash budget is $222,395,722 for
both the County and schools. In reviewing revenues, Mr. Robertson reported that it has
April 26, 2005
519
been a good year. The County’s primary revenue source is real estate taxes and this
supplied $4,350,000 in additional revenue and is comprised of 2.6% new construction
and 4.5% reassessment, resulting in a 7.1% increase in assessment values. Personal
property taxes have rebounded nicely, as well as business investment and NADA
values. Machinery and tools showed an increase of $575,000. Mr. Robertson noted
that in the prior year, the County lost approximately 3% of its personal property revenue.
The cellular phone tax contributed $1,315,000 in revenues and demonstrated a 31%
increase, a portion of which was an upward budget adjustment as well as continued
substantial growth in this area. He reported that the fire and rescue fee for service
revenue in the amount of $675,000 reflected increased call volume and equalization of
the rates with respect to Medicare and Roanoke City. There is approximately $316,000
in new revenue from the Commonwealth, primarily due to compensation board
reimbursements and a salary increase for employees in the amount of approximately
$152,000 which is effective December 1, 2005. Mr. Robertson reported that 599 law
enforcement funds from the state increased by $150,000. Federal revenues in the
amount of $302,000 are comprised of approximately $122,000 in social service pass-
through monies, as well as a homeland security grant of $180,000 used by the Board
for approval of additional police officers earlier in the budget process. In summary, total
new revenues are $7,848,000; $1,279,000 are dedicated revenues such as the
compensation board, grants, rescue fee for service, etc., which leaves total
discretionary funds of $6,569,000.
April 26, 2005
520
Mr. Robertston stated that the characteristics of a budget process
determine both the quality of the decisions and the level of acceptance of those
decisions. A good budget process incorporates a long-term perspective and focuses on
community outcomes and involvement. He noted that the business plan is an ongoing
budget process, and the citizen involvement with the CIP Review Committee went well.
Mr. Robertson reviewed the following highlights: (1) The Board of Supervisors adopted
the revised comprehensive plan for land use and growth management. (2) New
financial policies were approved. (3) The undesignated fund balance goal was
increased to 10% over a number of years. (4) Disposition of year-end fund balances,
which will provide major and minor capital funding for the capital planning process with
the schools was implemented. The County budget was increased $300,000 to
contribute to this pool of monies, along with the schools, and $300,000 in additional
funds will be added each year. (5) A top priority is education and the County increased
local support for the school system $2,248,000 which includes an average 4% salary
increase, VRS retirement, and health insurance rate increases. Mr. Robertson noted
that public safety remains a strong focus, and he introduced the Chiefs of Fire and
Rescue and Police who were present at the meeting.
Chief Burch thanked the Board for their continued support of public safety
and stated that this year has been one of the most cost efficient years when comparing
investments to the outcome in terms of service to the citizens. He indicated that the
Board’s action which adjusted the fee for service allowed Fire and Rescue to move in
April 26, 2005
521
closer proximity to the Medicare and Roanoke City rates, but it also had a domino effect
within the system. It allowed for the hiring of additional staff that was needed in
Roanoke County and also opened the door for an additional regional mutual aid
agreement with Roanoke City. Chief Burch reported that we are on target to meet the
May 1 implementation date and the ultimate result is that two stations in the City and
two stations in the County, Mount Pleasant and Hollins, will receive the mutual benefit of
the closest fire truck responding to an emergency. He advised that services to the
citizens have been enhanced and it is hoped that this will lessen the impact when a 911
call is made.
Chief Lavinder stated that the Police Department has had a good year and
was able, through a federal grant, to obtain six additional officers in 2004. The officers
have been hired and are in the training process, and it is hoped that a new patrol district
can be created primarily focused in the Route 460 East area around Bonsack. This
change will ultimately affect all patrol districts, with a maximum impact on the north and
east. Chief Lavinder stated that additional cars have been purchased for a rapidly aging
vehicle fleet. In addition, overtime problems were experienced last year and 8,000
hours of compensatory time have been paid back to employees. This resulted in a net
loss of four officers, but there are funds in the current budget to avoid this problem.
Chief Burch further reported that services in the Back Creek area will be
enhanced with a 24 hour per day, 7 day per week ambulance which will allow fire and
April 26, 2005
522
rescue to meet the established goal of reaching 80% of the population within six
minutes with Advanced Life Support (ALS).
Mr. Robertson stated that while the Board has appropriated the funds for
public safety, the County has recently broken ground on a new $30 million public safety
center which will enhance public safety services not only in the County but throughout
the Roanoke Valley. In addition, the County continues to work with partner localities for
construction of the new regional jail and the estimated $20 million County share of the
funding has been identified in the five-year CIP. He stated that employees are the
backbone of the services provided by the County and accordingly, an average salary
increase of 4% effective July 1 has been included in the budget for qualifying
employees. In addition, the County has shared increases with the employees for health
insurance costs, as well as the market adjustment to the public safety positions
previously discussed. Mr. Robertson advised that the County continues its excellent
economic development efforts, continues to fund the Center for Research and
Technology (CRT) with Novozymes, and recently announced that Tecton Industries will
be locating in CRT. In the past several years, four new companies have been attracted
to Roanoke County for jobs and economic growth and these include Novozymes,
Integrity Windows, Cardinal Glass, and Tecton. In other areas, the wants and needs of
the citizens have been able to be met. Funding has been identified in the CIP for land
acquisition and architectural and engineering work for a new library. In addition, four
library aides were added at a cost of $135,000 in order to meet increasing circulation
April 26, 2005
523
demands. The Parks, Recreation and Tourism Department has also begun an
extensive master planning process which was one of the CIP Review Committee
recommendations. Funding has also been identified in future years of the CIP for
renovations to Garst Mill Park which has been impacted by recent floods. The
comprehensive plan has been adopted, and two planners have been added to Planning
and Zoning at a cost of $110,000 to assist with increasing work loads in this area. The
Social Services Department has allocated $500,000 to the Community Policy
Management Team (CPMT) for at-risk youth, and increasing ridership and operating
costs for CORTRAN required an additional $58,000. Mr. Robertson noted that the
Board also increased contributions to various social and human service, cultural and
tourism agencies by approximately $50,000 to meet their continuing needs.
Ms. Hyatt stated that for the first time, we have a funding plan for the CIP.
She noted that the Board of Supervisors’ and School Board’s commitment to fund an
incremental $300,000 each year, along with the drop-off of current economic
development incentives and the existing debt, will allow the County to fund $20 million
in projects in 2006-2007, a $10 million project in 2007-2008, and another $10 million
project in 2010-2011. In addition, the schools can fund a $10 million project in 2006-
2007, a $10 million project in 2007-2008, a $10 million project in 2008-2009, a $10
million project in 2009-2010, and a $10 million project in 2011-2012.
Ms. Hyatt advised that the County and schools have adopted fiscal
policies to increase the fund balance to a minimum of 10% over a period of years by
April 26, 2005
524
2010-2011, and to set aside year-end monies for both major capital and minor capital
purchases. She stated that the projects on the CIP were reviewed and ranked by the
CIP Review Committee. The projects were divided into the following four categories:
public safety, technology, quality of life, and service infrastructure. The top two ranked
projects in each category have been included in the five-year CIP, based upon available
funding. These include the following: Category A – Public Safety: (1) regional jail
project ($20 million); 800 MHz radio system upgrade ($14 million); Category B –
Technology: (1) EMS data reporting system ($145,000); (2) Replacement of HP/3000
($1 million); Category C – Quality of Life: (1) South County Library ($13,078,000); (2)
Garst Mill Park Improvements ($230,000); Category D – Service Infrastructure: (1) new
garage ($1,180,000); (2) VDOT revenue sharing ($2.4 million). Also included is funding
totaling $772,500 for server replacements in Information Technology, and $5,750,000
for CRT.
Ms. Hyatt reported that funding sources include bonds, lease purchases
plus existing cash in the major and minor capital funds. She noted that it does not
include any future year-end funds that will be added to the capital funds. Ms. Hyatt
advised that the CIP is an evolving planning document with a five-year window. Staff
recommends that the 2005-2006 year be included in the budget appropriation so that
the funding is already appropriated. Any projects requiring purchase of land, borrowing
of funds, or contracts with other localities will still need to return to the Board for further
action; however, the funding will already be set aside. For the future four years shown
April 26, 2005
525
on the CIP (2006-2010), the money will not be appropriated at this time. Any planned
use of capital reserves will be shown as a notation on the capital schedules. Ms. Hyatt
further advised that the schools are also working on a funded CIP plan for their capital
projects. Both Boards have taken a tremendous step to plan for the future capital needs
of the citizens.
Supervisor McNamara stated that this is a good budget. He further noted
that the Board has established capital accounts and there are processes in place for
minor and major capital; therefore he hopes that in the future when the Board has an
influx of revenue and there is an identified major need for which half the revenue is
used, the remaining excess revenues should be placed in the general fund
unappropriated balance for use at the discretion of the Board.
There were no citizens present to speak on this item
2. Public hearing and adoption of resolution pursuant to Title 25,
Sections 15.2-1903, 15.2-1904 and 15.2-1905, and Chapter 3 of
Title 25.1 of the 1950 Code of Virginia, as amended, concerning
the acquisition of and immediate right of entry to a 0.061 acre
parcel of land on Colonial Avenue, owned by Dr. Robert G. Trout,
Cave Spring Magisterial District. (Paul Mahoney, County
Attorney)
O-042605-9
Mr. Mahoney stated that the printed agenda contains a resolution that
April 26, 2005
526
would authorize the taking of a drainage easement for a drainage project in the Colonial
Avenue/Manassas Drive portion of Roanoke County. He advisedthat over the past
several weeks, he has been negotiating with Dr. Trout in the hopes of avoiding a
request for condemnation and is pleased to report that he has been able to negotiate
the purchase of the easement from Dr. Trout for the sum of $7,500. Funds are
available in the drainage fund to cover the cost of the acquisition and he requested that
in lieu of the public hearing and adoption of the resolution, that the Board substitute
adoption of an ordinance authorizing the purchase of the easement for the sum of
$7,500 and authorizing staff to execute the documents necessary to complete the
transaction. He further requested that the Board waive the second reading of the
ordinance and noted that to do so would require a four-fifths (4/5) vote. He advised that
a plat is included in the agenda which shows the specific location of the property.
Supervisor Flora inquired if a single motion can accomplish adoption of
the ordinance and waiving of the second reading. Mr. Mahoney responded in the
affirmative.
Supervisor Wray noted that the flooding issues in this area have been
ongoing for many years, and the acquisition of this easement will assist the project as
well as the residents in the Eaton Hills area where approximately $400,000 has been
appropriated from VDOT to alleviate some of the storm water backup that continues to
occur on Manassas Drive and properties in that area.
April 26, 2005
527
Supervisor Wray moved to adopt the ordinance and waive the second
reading. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
ORDINANCE 042605-9 AUTHORIZING THE ACQUISITION OF AN
EASEMENT ACROSS PROPERTY LOCATED ON MANASSAS DRIVE
IN ROANOKE COUNTY AND IDENTIFIED ON THE ROANOKE
COUNTY LAND RECORDS AS TAX MAP #77.18-5-11 AND OWNED BY
DR. ROBERT G. TROUT
WHEREAS, acquisition of a drainage easement, fifteen feet (15’) in width and
consisting of 2,659.31 square feet, is necessary for the alleviation of a long-standing
drainage problem in the Manassas Road area and for the general health, safety and
welfare of the public.
WHEREAS, acquisition of the above-mentioned drainage easement is required
to construct, install, improve, operate, inspect, use, maintain, and repair or replace a
drainage system and related improvements, together with the right of ingress and
egress thereto from a public road, upon, over, under, and across property owned by
Robert G. Trout, and designated upon the Roanoke County Land Records as Tax Map
#77.18-5-11.
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on April 26, 2005, and the second reading was
dispensed with in accordance with the provisions of Section 18.04 of the Roanoke
County Charter in order to expedite the construction of this project.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the purchase of the following described easement from Dr. Robert G.
Trout across property for the sum of Seven Thousand Five Hundred Dollars ($7,500) is
hereby authorized and approved:
A perpetual RIGHT and EASEMENT, of 2659.31 square feet and being fifteen
feet (15') in width, to construct, install, improve, operate, inspect, use, maintain,
and repair or replace a drainage easement, together with related improvements,
including slope(s), if applicable, together with the right of ingress and egress
thereto from a public road, upon, over, under, and across a tract or parcel of land
belonging to Robert G. Trout, shown and designated as “Property of Robert G.
Trout, DB 1197, PG. 1247, 0.676 ac.” upon the Plat showing drainage easement
being conveyed to Roanoke County by Robert G. Trout, dated February 21,
April 26, 2005
528
2005, said parcel designated on the Roanoke County Land Records as Tax Map
No. 77.18-5-11. The location of said easement is more particularly described on
the plat attached hereto as “Exhibit A” and by reference incorporated herein.
2. That there is hereby appropriated the sum of Seven Thousand Five
Hundred Dollars ($7,500) from the Drainage Fund to pay all the costs of this acquisition.
3. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Wray to adopt the ordinance and waive the second
reading, and carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
IN RE: RECESS
Supervisor Altizer declared the meeting in recess from 8:48 p.m. until 9:00
p.m.
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCE
1. Continued until May 24 at the request of the petitioner. Second
reading of an ordinance to rezone .98 acres from C1 Office
District to C2 General Commercial District, and to obtain a special
use permit on 2.22 acres for the operation of a fast food
restaurant and drive-thru located at the intersections of
Brambleton Avenue, Colonial Avenue, and Merriman Road, Cave
Spring Magisterial District, upon the petition of Seaside Heights,
LLC. (Janet Scheid, Chief Planner)
Chairman Altizer advised that this item has been continued until May 24 at
the request of the petitioner
April 26, 2005
529
2. Continued until May 24 at the request of the Planning
Commission. Second reading of an ordinance to obtain a special
use permit for the construction of mini-warehouses on 5.602
acres located at 1918 Washington Avenue, Vinton Magisterial
District, upon the petition of KTP, LLC. (Janet Scheid, Chief
Planner)
Chairman Altizer advised that this item has been continued until May 24 at
the request of the Planning Commission
3. Second reading of an ordinance to obtain a special use permit to
construct a 199 ft. broadcast tower located at 432 Bandy Drive
near Windy Gap Mountain, Vinton Magisterial District, upon the
petition of Nextel Partners, Inc. (Janet Scheid, Chief Planner)
O-042605-10
Ms. Scheid reported that the petition is to construct a 199 foot monopole
broadcast tower and antenna on Windy Gap Mountain for expanded coverage of their
wireless communications network. The site is located off Bandy Drive which is a private
road that intersects with State Route 116 and it should be noted that this road is in
Franklin County and is located on the Franklin County side of Windy Gap Mountain.
Along with the 199 foot broadcast tower, the petitioners are proposing to build a small
equipment building that would be approximately 10’ x 20’ in size. The entire area to be
leased is a 50’ x 100’ area of the larger 12 acre site. Some tree clearing will be required
April 26, 2005
530
on the road to the tower, and Ms. Scheid advised that a representative from the
applicant has stated that the monopole will be constructed of galvanized steel and non-
reflective materials. The monopole is engineered to support the applicant’s antenna
system and three additional co-location opportunities for other cellular providers. No
backup generator is proposed at the location. Ms. Scheid stated that the applicant has
indicated that all the communications facilities associated with the broadcast tower will
be unmanned and should have minimal impact on traffic generation. Some concern
was raised early in the process regarding communication conflicts between the
Roanoke County tower that is near this site and potential conflicts with the E-911
system. These concerns have been studied and Roanoke County Information
Technology/Radio Communications Shop is satisfied that there are no potential
interference issues with this site.
Ms. Scheid reported that the Planning Commission heard this petition on
April 5 and recommended it for approval with the following conditions to the special use
permit: (1) There will be no lighting and/or marking of the tower unless required by the
Federal Aviation Administration (FAA); (2) The broadcast tower hardware and antennas
shall be constructed of non-reflective materials to reduce visibility and reduce light
reflection; and (3) Nextel Partners, Inc. shall allow Roanoke County to attach antennas
to the broadcast tower for public safety purposes at no charge.
Supervisor Wray requested clarification regarding whether anything over
199 feet must be lighted. Ms. Scheid responded that it is up to the FAA and typically
April 26, 2005
531
lighting is required for anything over that height. In this case, the FAA has sent a letter
stating that, at this point, lighting is not required.
Supervisor Wray questioned if the road itself is in Franklin County but the
tower is in Roanoke County. Ms. Scheid stated that there had been some confusion at
the beginning with respect to where the tower site is located; however, it has been
determined that the tower site is in Roanoke County although the road accessing the
site and the majority of the site are in Franklin County.
Mr. Holland, the petitioner, thanked the Board for their support. He stated
that they have looked at the County tower to see if they could locate on the existing
structure; however, it was not tall enough for their needs and there wasn’t enough room
on the site to locate a tower. He advised that they have agreed to the additional
conditions, and further noted than anything over 199 feet is required by the FAA to be
lighted.
Supervisor Wray requested confirmation that there is not a problem with
co-location of County public services on the tower. Mr. Holland advised that this is not a
problem and that he has spoken with the County’s radio shop and he was told that in
the future, there may need a need to attach additional microwaves to the tower;
however, County staff did not feel there would be a need for antennas. Mr. Holland
stated that they do not have a problem with allowing the County to attach to the tower.
Supervisor Altizer noted that in reading through the presentation, there is
a bond attached to this and it is favorable to Franklin County and not Roanoke County.
April 26, 2005
532
Mr. Mahoney advised that the bond should state Roanoke County, and indicated that
the County zoning ordinance provides that the County can require a bond to ensure that
the tower facility is removed once the useful life is exhausted. The removal bond is
benefiting Franklin County and Mr. Mahoney stated that he can only surmise that when
the bond was taken out, it was at the time the location was assumed to be in Franklin
County. He stated that the County should request the Nextel representative to correct
the bond to have it benefit Roanoke County. Supervisor Altizer further inquired if there
is an updated bond showing Roanoke County as the beneficiary. Mr. Holland stated
that he was not aware that this was the situation; however, it is not a problem to have it
revised to show Roanoke County as the beneficiary.
There were no citizens present to speak on this item.
Supervisor Altizer moved to adopt the ordinance with the requirement that
the bond be amended to reflect Roanoke County as the beneficiary. The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
ORDINANCE 042605-10 GRANTING A SPECIAL USE PERMIT TO
NEXTEL PARTNERS, INC. TO CONSTRUCT A 199 FT. BROADCAST
TOWER TO BE LOCATED AT 432 BANDY DRIVE NEAR WINDY GAP
MOUNTAIN, VINTON MAGISTERIAL DISTRICT
WHEREAS, Nextel Partners, Inc. has filed a petition for a special use permit to
construct a 199 ft. broadcast tower to be located at 432 Bandy Drive in the Vinton
Magisterial District; and
April 26, 2005
533
WHEREAS, the Planning Commission held a public hearing on this matter on
April 5, 2005; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on November 16, 2004; the second reading and public hearing
on this matter was held on April 26, 2005.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Nextel
Partners, Inc. to construct a 199 ft. broadcast tower to be located at 432 Bandy Drive
near Windy Gap Mountain in the Vinton Magisterial District is substantially in accord
with the adopted 2000 Community Plan pursuant to the provisions of Section 15.2-2232
of the 1950 Code of Virginia, as amended, and said special use permit is hereby
approved with the following conditions:
(1) No lighting and/or markings shall be permitted on the broadcast
tower unless required by the FAA.
(2) The broadcast tower, hardware and antennas shall be constructed
of non-reflective materials to reduce visibility and reduce light reflection.
(3) Nextel Partners, Inc. shall allow Roanoke County to attach
antennas to the broadcast tower, for public safety purposes, at no charge.
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 Altizer to adopt the ordinance with the requirement that
the bond be amended to reflect Roanoke County as the beneficiary. and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
4. Second reading of an ordinance to rezone .52 acres from R-1, Low
Density Residential District, to C-1, Office District with conditions,
for the operation of a general office located at 3663 Colonial
Avenue, Cave Spring Magisterial District, upon the petition of
Christopher L. Irvine. (Janet Scheid, Chief Planner)
A-042605-11
April 26, 2005
534
Ms. Scheid advised that this is a request to rezone a 0.52 acre parcel in
order to operate a small office. Mr. Irvine oversees the design and installation of access
flooring. The proposal would be restricted to the use of the existing one-story brick
building, which is approximately 1,150 square feet excluding the basement. The
petitioner has stated that signage would be limited to a wall sign attached to the building
and that no exterior lighting is proposed at this time. She indicated that VDOT has
stated that the existing entrance does not meet current standards for a commercial
entrance permit and that the semi-circular drive would need to be removed. The posted
speed limit at this section of Colonial Avenue is 35 miles per hour and the County’s
traffic engineer has reported that the current traffic on this portion of Colonial Avenue is
almost 10,000 vehicles per day. The proposed use would generate approximately
seven trips per day with two employees on-site as planned by the applicant. Ms. Scheid
reported that four parking spaces would be required plus a handicapped space. She
noted that this area has been problematic in terms of storm water management
throughout the immediate vicinity, and staff is recommending that no rear yard vehicular
parking be allowed. The engineering staff has recommended that no change be made
to the grass back yard at the site, that buyer retention and/or underground percolation
systems be utilized for storm water management, and that no additional asphalt be put
in the back. Per the request of VDOT, a portion of the semi-circular drive which is
currently asphalt is to be removed.
April 26, 2005
535
Ms. Scheid stated that the Community Plan has designated this area as
transition. Transition designation encourages the orderly development of highway
frontage parcels for office, institutional, high-density residential, park, and small scale
coordinated retail uses which would serve as buffers between the highway and
adjoining lower intensity residential development. She indicated that the Planning
Commission heard this petition on April 5 and recommended approval with the following
conditions: (1) Use of the property will be limited to a general office for lrvine Access
Floors, Incorporated with no showroom, shopping or storage of materials onsite; (2) The
existing one-story brick building shall not be enlarged and parking shall not exceed that
required by ordinance; (3) Stormwater management on the property shall be achieved
only by bioretention methods including subsurface percolation if necessary; (4) No new
asphalt or other comparable impervious surfaces shall be constructed behind the rear
wall of the existing building; and (5) Hours of operation shall be limited to 8:00 am to
6:00 pm, Monday through Friday with no weekend operating hours. She noted that the
conditions indicate that the Planning Commission did have concerns regarding storm
water management on the site and they have included conditions which the petitioner
has agreed to that address storm water management.
Mr. Irvine, the petitioner, stated that he wanted to reiterate the use of the
house. He advised that he is a principal in an access floor business and most of his
business is conducted out of the area. He has one assistant and the house will be used
as a satellite sales office. He plans to paint, re-do the flooring, and install wiring for
April 26, 2005
536
computers. He indicated that he can not imagine a better way to begin a rezoning
project than to have only two employees. He indicated that he needs to install parking
and landscaping and that with respect to interruption to the surrounding community,
there will be no walk-in business and no sign will be placed in the yard. He advised that
he understands the concerns of the community and that sometimes change is not
welcome. He noted that this is transitional space and that directly across the street from
the site is a motorcycle shop and a convenience store. He stated that he appreciates
the opportunity to present the petition.
Supervisor Wray questioned if the business fails, would the zoning pass
with the property. Ms. Scheid responded that if the property is rezoned, it would be
designated C-1. She noted that Mr. Irvine has proffered a condition saying that the use
of the property will be limited to Irvine Access Floors; therefore any other business
would have to come back to the Board of Supervisors to have this condition changed.
Ms. Scheid also advised that she had mentioned five conditions earlier in the
presentation, and noted that there is also a sixth condition as follows: the applicable
Colonial Avenue corridor design guidelines shall be in effect with the word “shall”
replacing the word “should” as determined during the site plan review process.
The following citizens spoke on this item:
Ray Jamison, 3621 Colonial Avenue, stated that on Friday, April 22, he
decided to try to stop this action and he presented a petition to the Board signed by
individuals opposed to the rezoning. He stated that once the zoning goes to C-1 there
April 26, 2005
537
is no going back. He stated that when he purchased his property five years ago he tried
to see if anything was going to be put in this area of a commercial nature or if the road
was scheduled for widening. He indicated that he has the newest house on the block
and has invested in the neighborhood. He is unfamiliar with the process for rezoning
from residential to commercial and did not expect it to pass the Planning Commission
due to the drainage and parking concerns. He requested that the Board postpone the
decision until the community can meet and organize, and stated that he would like to
see proof of notification to the citizens that this area has transitioned from residential to
commercial. He further advised that he had obtained 185 signatures on the petition in a
matter of several days.
Carol Land, 3671 Colonial Avenue, stated that Colonial Avenue is no
longer a residential neighborhood. She advised that she will hate to lose her neighbor,
but she has a right to sell her home. She stated that residents can not get back their
investment in their homes, and noted that the Board can condemn property at any time.
She stated that the neighbors, with the plan adopted, will be protected more than the
individuals who live on Colonial Avenue. She indicated that there are two homes on her
side of Colonial Avenue where the entire back yard is asphalt. She stated there is one
house on the corner with a multi-family dwelling where there are problems with parties
being held. She asked that the Board look at this area closely and question whether it
is an environment appropriate for raising children.
April 26, 2005
538
Supervisor Wray requested an explanation regarding the transition to
commercial or other types of use. Ms. Scheid stated that there is a progression of land
use designations in the Roanoke County land use plan that move from the least dense
designations of agricultural, rural preserve, and rural village; through to neighborhood
conservation which is the existing single family residential areas; moving into
development which are higher density, new subdivisions with single family residential;
and finally moving into transition which is a light commercial institutional designation.
She indicated that transition usually implies that the types of land uses expected in the
future are office or institutional uses such as churches or the garden club being built in
the Colonial Avenue corridor. She stated that these uses are not necessarily high
density retail, which is moving more into the core designation. To summarize, Ms.
Scheid stated that transition is intended to serve as a buffer between the busy road and
the more established single family residential neighborhood behind it. In many cases,
residents prefer office and institutional uses to townhouses or apartments because they
are typically used between 8:00 a.m. and 5:00 p.m., Monday through Friday, and do not
generate weekend noise and traffic.
Supervisor Wray inquired if information was available on the size of the
lots on the north versus the south side. Ms. Scheid responded that staff has examined
this block of Colonial Avenue and the average lot size on the north side is just under 0.4
acre; on the south side the average lot size in the same block is approximately 0.9 acre.
April 26, 2005
539
The lot sizes on the south side are deeper and wider; whereas the lots on the north side
are narrower and shallower.
Supervisor Wray stated that this will involve limited impact and if you
looked at the least amount of impact on a neighborhood for a commercial entity, this is
it. Ms. Scheid indicated that this is a very restrictive petition; if Mr. Irvine wishes to add
additional personnel or office space, he will have to amend the proffers and this will
involve public hearings with the Planning Commission and Board of Supervisors. She
stated that if this property were purchased as a residence, the buyers could add on or
expand the size of the house without any restrictions. With the restrictive proffers in
place, this cannot be done.
Supervisor Wray noted that this moves to the north side of the road, but
Mr. Irvine has agreed to the restrictive proffers, has been up front regarding the
proposed use, and has presented his petition to the people. Ms. Scheid indicated that a
community meeting was held on March 21 and 26 citizens were in attendance. Mr.
Irvine explained the proposed business and the intended use at that time. She noted
that concerns focused on storm water management issues and use of the property on
the north side for office use. Supervisor Wray stated that if two or three properties were
acquired for a multi-family unit, this would increase the amount of traffic, paved surface,
storm water runoff, etc. Ms. Scheid advised that this type of use would have a great
impact from those perspectives, as well as from noise. Supervisor Wray indicated that
April 26, 2005
540
due to the low impact, he does not know if he would have support from the other Board
members to deny the request.
Supervisor Wray moved to continue this item for a period of 30 days and
requested an examination of the Colonial Avenue corridor design guidelines which are
in place, possible development of an overlay district, and directed staff to work with the
citizen.
Supervisor McNamara stated that one of the proffers is specifically written
to limit the use to Irvine Access Floors. He questioned if the proffers come from the
applicant. Ms. Scheid responded in the affirmative and stated that the applicant has
proffered these conditions. Supervisor McNamara questioned if it is often that a proffer
would limit a rezoning to a finite business. Ms. Scheid indicated that this is often
discouraged because if the business closes and the property is sold to a different
business with a similar low impact use, it would necessitate review by the Planning
Commission and Board of Supervisors. She stated that Mr. Irvine was concerned about
the neighborhood’s receptiveness to the project and was willing to submit this proffer.
Supervisor McNamara stated that Mr. Irvine has done a good job as far as
limiting the expansion, he will be improving the front yard, and may improve the view to
the right of the building. He stated that he can not think of a better scenario. He
advised that Paychecks Plus has done a good job with respect to improving the
property in the neighborhood, and he indicated that there are many other things that can
go in this location as currently zoned. He advised that he would support the rezoning
April 26, 2005
541
and does not want to delay the sale; however if the petition is delayed, Mr. Irvine may
want to change the proffer to describe the business rather than limiting the business.
He encouraged the Board to support the rezoning at the appropriate time.
Supervisor Flora stated that the Planning Commission met on April 5 and
he questioned when the community meeting was held. Ms. Scheid reported that the
community meeting was held on March 21. Supervisor Flora stated that he wanted to
clarify if there was adequate time to appear at the Planning Commission meeting. Ms.
Scheid noted that there was no citizen comment at the Planning Commission meeting.
Supervisor Flora further indicated that this application is the best of all worlds but it has
brought to light the issue of what happens along Colonial Avenue in the future. He
stated that when you look at this section of Colonial Avenue, you have business coming
from Route 419 and high density residential from the City side. He noted that this might
be an opportunity to figure out what the County and residents want to happen in this
area because it will not remain the same and if all requests were like this, it would be far
more desirable than high density residential. He stated that if this matter is continued
for 30 days, the time should be spent looking at where to go with Colonial Avenue and
determining if an overlay district is appropriate. Ms. Scheid responded that since 2000
when the Colonial Avenue design guidelines were adopted as part of the Community
Plan, they have been attached to every rezoning in the Colonial Avenue corridor. She
noted that it was an extensive citizen process at the time and that since it has been five
years, it would be appropriate to revisit this matter. She indicated that staff would be
April 26, 2005
542
happy to meet with the residents to discuss the Colonial Avenue corridor. Supervisor
Flora advised that small office, institutional uses would be better than retail uses and he
indicated that he would not want to see this section developed in a hodgepodge
manner.
Supervisor McNamara stated that he is not certain what Supervisor Flora
is looking for and indicated that short of a blanket rezoning, the County already has
Colonial Avenue design guidelines which are proffered as part of this petition. He
stated that he can not put together a better scenario for a rezoning and indicated that
the Board should move forward.
Supervisor Altizer advised that this is probably the least intrusive use with
the proffered conditions. He indicated that someone with a home could add on and
make changes without restriction. He noted that if more input is received over the next
30 days and positive things result from the delay, it is worth the wait. He reiterated that
the Colonial Avenue corridor is going to change and to ensure that this change is
appropriate, additional study over the next 30 days might be wise and he would support
this recommendation.
Supervisor Flora clarified that he is not supporting a blanket rezoning
because control is lost under this approach; he voiced support for development of a
plan regarding what would happen in the future and development of additional
guidelines and regulations to guide future development.
April 26, 2005
543
Supervisor Altizer presented the following scenario: the house next door
is purchased by an individual who decides to add an additional room and install an
asphalt driveway down the side and around the back and then subsequently decides to
sell the property. He noted that the asphalt is already in place. He indicated that
currently, someone could do this and only have to request a permit for the addition. Ms.
Scheid noted that there is a limitation on the amount of impervious surface allowed on a
lot; however, they could add on to the building or pave portions of the yard area. Ms.
Scheid noted that Mr. Irvine will be pulling up pavement in order to meet the commercial
entrance permit requirements for VDOT.
Supervisor Wray stated he is hearing support from the Board and he
noted that Mr. Irvine is setting the standard for what will occur. He indicated that he
feels that the 30 day extension would allow time for citizen input and time to establish
something that would model what Mr. Irvine is proposing. He stated that he feels that
this matter would be supported even if he made a recommendation to deny the request;
however, this approach will allow time to examine the petition. He stated that Mr. Irvine
has set the standard for what will come out of the meetings, and he encouraged staff to
coordinate with the community.
Supervisor Altizer noted that the motion on the floor was to continue for 30
days, and he questioned if this will carry through to the next scheduled meeting on May
24. Mr. Mahoney recommended that the Board fit the motion into the existing meeting
schedule.
April 26, 2005
544
Supervisor Wray amended the motion to continue this matter until May 24.
Supervisor McNamara clarified that his comments indicated that he would
support approval of the ordinance at this meeting or a continuance, but not a denial of
the petition.
Supervisor Wray’s amended motion to continue until May 24, 2005 and to
allow for additional citizen input carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
5. Second reading of an ordinance to rezone 79.09 acres from I-2,
Industrial District, to AG-3, Agricultural/Rural Preserve District, in
order to construct a single family residence located at 4518
Morgan Conner Lane, Catawba Magisterial District, upon the
petition of Alan and Gayle Jamison. (Janet Scheid, Chief Planner)
O-042605-12
Ms. Scheid advised that this is an unconditional request to rezone 79.07
acres from I2, Industrial District to AG3, Agricultural Rural Preserve District in order to
construct a single family home. The property was rezoned from Al, Agricultural to I2,
Industrial in 1992 during a comprehensive rezoning of Roanoke County. Since that
time, the rural agricultural land use of the property has not changed. She stated that the
property is accessed by a private road which crosses the Norfolk Southern railroad at
an unsignalized grade crossing. The property is mostly steep wooded hillsides, and not
April 26, 2005
545
ideal for industrial development. The property is also not ideal for suburban residential
development. If a zoning amendment is approved for the property, staff recommends
the AG3 agricultural zoning district rather than a residential district. Ms. Scheid reported
that an old farm house and barn stands on the northern end of the property and noted
that the house has not been maintained for a number of years. The petitioners plan to
remove the home and most of the barn appears sound enough for restoration. She
advised that the Jamison’s propose to build a new home on the property and no location
has been identified at this time. With the exception of a family-exempt subdivision, no
further subdivision of the property could take place due to lack of public street access.
Currently the closest public streets are Mayfair Drive and Barley Drive. The subject
property is separated from each of these public streets by at least one other private
property. Access to the property is via Morgan Conner Lane which is a private road
connecting to Mayfair Drive. Ms. Scheid advised that Morgan Conner Lane crosses the
Norfolk Southern Railroad at a private, unsignalized grade crossing. She noted that on
the approach to the crossing, Morgan Conner Lane has a short, steep grade making the
crossing difficult and undesirable for any more traffic than currently exists. Ms. Scheid
reported that the Planning Commission heard this proposal on April 5 and there were
several neighbors who spoke at the meeting regarding the private road and access to
Morgan Conner Lane. There were also questions regarding further future subdivision of
the property. She noted that the Planning Commission voted 4-1 to favorably
recommend the rezoning request.
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546
Supervisor Church questioned if the topography is too steep to be
conducive to normal industrial development. Ms. Scheid stated that there is a small
area of relatively flat land; however with no public road access, the need to cross the
railroad tracks at a steep angle, and the steep topography on a majority of the property,
it is less than ideal for economic development purposes.
Alan Jamison, the petitioner, was present and advised that he was
available to answer any questions.
There were no citizens present to speak on this item.
Supervisor Church moved to adopt the ordinance.
Supervisor Flora inquired about the specific location of this property. Mr.
Mahoney advised that it is behind Blue Ridge Beverage.
Supervisor Church’s motion to adopt the ordinance carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
ORDINANCE 042605-12 TO CHANGE THE ZONING CLASSIFICATION
OF A 79.09-ACRE TRACT OF REAL ESTATE LOCATED AT 4518
MORGAN CONNER LANE (TAX MAP NO.65.00-2-40) IN THE
CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF I-2 TO THE ZONING CLASSIFICATION OF AG-3
UPON THE APPLICATION OF ALAN & GAYLE JAMISON
WHEREAS, the first reading of this ordinance was held on March 22, 2005, and
the second reading and public hearing were held April 26, 2005; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on April 5, 2005; and
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547
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
79.09 acres, as described herein, and located at 4518 Morgan Conner Lane(Tax Map
Number 65.00-2-40) in the Catawba Magisterial District, is hereby changed from the
zoning classification of I-2, Industrial District, to the zoning classification of AG-3,
Agricultural/Rural Preserve District.
2. That this action is taken upon the application of Alan & Gayle Jamison.
3. That said real estate is more fully described as follows:
All of Tax Map No. 65.00-2-40 containing 79.09 acres
4. 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 Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
6. Second reading of an ordinance to obtain a special use permit for
the construction of an accessory apartment located at 3216
Lawndale Road, Windsor Hills Magisterial District, upon the
petition of James C. and Laura B. Parrish. (Janet Scheid, Chief
Planner)
O-042605-13
Ms. Scheid advised that this is a request to obtain a special use permit to
construct an approximately 555 square foot accessory apartment within the basement
footprint of a principle residence. She indicated that the property is approximately .5
acres and is zoned R-I Low Density Residential district. The Planning Commission
April 26, 2005
548
heard this petition on April 5 and approved the request with the following proffers: (1)
the location of the accessory apartment shall be limited to the basement of the principal
structure; (2) all parking shall be restricted to the proposed driveway; and (3) approval
of the special use permit is contingent on the property owner's residing on the property
upon the effective date of the final inspection.
Mrs. Parrish, the petitioner, advised that she resides at 3210 Lawndale
Road; and she and her husband are constructing a new house next door. They are
willing to comply with the things the Board has requested, and she advised that the
apartment is 555 square feet. She noted that nothing has changed from the previous
request.
There were no citizens present to speak on this item
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
ORDINANCE 042605-13 GRANTING A SPECIAL USE PERMIT TO
JAMES & LAURA PARRISH TO CONSTRUCT AN ACCESSORY
APARTMENT TO BE LOCATED AT 3216 LAWNDALE ROAD (TAX
MAP NO. 77.10-7-26) WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, James & Laura Parrish have filed a petition for a special use permit
to construct an accessory apartment to be located at 3216 Lawndale Road (Tax Map
No. 77.10-7-26) in the Windsor Hills Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
April 5, 2005; and
April 26, 2005
549
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on March 22, 2005; the second reading and public hearing on
this matter was held on April 26, 2005.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to James &
Laura Parrish to construct an accessory apartment to be located at 3216 Lawndale
Road in the Windsor Hills Magisterial District is substantially in accord with the adopted
2000 Community Plan pursuant to the provisions of Section 15.2-2232 of the 1950
Code of Virginia, as amended, and said special use permit is hereby approved with the
following conditions:
(1) The location of the accessory apartment shall be limited to the
basement of the principal structure.
(2) All parking shall be restricted to the proposed driveway.
(3) Approval of the Special Use Permit is contingent on the property
owner’s residing on the property upon the effective date of the final inspection.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Flora: (1) He requested that Mr. Hodge and staff follow up
regarding the stockpiling of dirt on Townsend Road. (2) He advised that there is a
mobile home being installed in North Hills, which is a residential district. He referenced
the definitions in the zoning ordinance of mobile homes vs. modular homes and noted
that the home is set on piers, not a permanent foundation. He asked that staff
investigate whether this is a permitted use in the County and stated that serious
April 26, 2005
550
problems would be created in residential neighborhoods throughout the County if this is
allowed. He requested that staff report back to the Board regarding this matter.
Supervisor McNamara: (1) He requested that Mr. Hodge follow up
regarding the WVWA billing issues discussed in the briefing at tonight’s meeting.
Supervisor Church: (1) He requested that Police Chief Ray Lavinder
follow up with a citizen regarding a noise complaint on Twilight Road. (2) He asked staff
to provide assistance to a citizen on Wanaga Way Drive who has concerns regarding
Roanoke Times circulars being delivered to all residents including non-subscribers. The
citizen expressed concerns regarding littering and VDOT has advised that they will
clean the roads occasionally. (3) He advised Harold Horn that Mr. Hodge has prepared
answers to his questions and they will be sent to him. He indicated that if further
clarification is needed, Mr. Hodge will get back in touch with Mr. Horn.
Supervisor Wray: (1) He questioned if letters have been sent to members
of the Clearbrook Overlay Review Committee regarding a meeting on Thursday, April
28. Mr. Hodge advised that staff is not aware of a possible meeting. Supervisor Wray
requested that staff contact Randy Kingery, President of the Clearbrook Civic League,
to see if he can make arrangements for the meeting. He further advised that he would
be available, and would also like for staff to attend the meeting. (2) He advised that he
received a letter from Alan Williams, District Maintenance Engineer at VDOT,
responding to his request regarding debris and rocks falling on Route 220. Mr. Williams
advised that VDOT is reassessing slopes with a rock fall potential to arrive at a 100
April 26, 2005
551
most critical within the state. He noted that most of these are located in the southwest
portion of the state, and the slopes on Route 220 will be assessed along with others in
the state. Supervisor Wray requested that Mr. Hodge follow up on this matter to see if
the process can be accelerated. (3) He reported that he and Supervisor McNamara
attended the opening day for girl’s softball on Saturday and stated that it was a good
event with a lot of participation. He noted that the condition of the fields was wonderful,
and expressed appreciation to the Parks, Recreation and Tourism staff. He further
advised that he attended the opening day of little league baseball. (4) He stated that he
met with Friends of the Blue Ridge Parkway on Saturday and some of the girl scouts
were planting trees near the parkway entrance at Route 220. He noted that this is an
ongoing project, some of which has been funded by Roanoke County. (5) He
expressed appreciation to Arnold Covey for his participation in the VDOT hearing
regarding roads.
Supervisor Altizer: (1) He advised the residents in Brookfield that the
County is getting close to a resolution. Mr. Covey advised that staff is coordinating with
the Department of Environmental Quality (DEQ) to examine the water course going
through those properties to ensure that no additional permits are required for corrective
action and that the corrective action being undertaken is within the DEQ guidelines. (2)
He requested an update regarding drainage issues on Ivyland Road. Mr. Covey
reported that two roads have been examined: Ivyland Road and Huffman Lane.
Ivyland Road was examined for possible future repaving. There is also concern
April 26, 2005
552
regarding a sharp bend in the road before you reach Rutrough Road which presents a
site distance problem. The Highway Department is considering some clearing in the
area to improve site distance. The Highway Department will also do some minor ditch
work to improve drainage issues at the entrance to the church and the two driveways off
Rutrough Road that require patching of some holes. Mr. Covey stated that with respect
to paving, it will need to be determined whether it will be surface treated and if this can
be done this year, or whether it will involve resealing to protect the road. With respect
to Huffman Lane, Mr. Covey stated that the key issue was drainage, and this is an issue
that will be evaluated by the drainage engineer. He stated that this project will likely
need to be added to list of drainage projects. Following this point, it will need to be
determined whether this road will be placed on the revenue sharing list for repaving or
other surface treatment. (3) He notified Mr. Massengill that he continues to work on his
issue and stated that his pond will be cleaned out.
IN RE: ADJOURNMENT
Chairman Altizer adjourned the meeting at 10:17 p.m.
Submitted by: Approved by:
________________________ ________________________
Diane S. Childers, CMC Michael W. Altizer
Clerk to the Board Chairman