7/12/2005 - Regular
July 12, 2005
835
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
July 12, 2005
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of July, 2005.
IN RE: CALL TO ORDER
Chairman Altizer called the meeting to order at 3:03 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman Michael W. Altizer, Vice-Chairman Michael A.
Wray, Supervisors 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;
Teresa Hamilton Hall, Public Information Officer; Brenda J.
Holton, Deputy Clerk to the Board
IN RE: OPENING CEREMONIES
The invocation was given by Father Dean Nastos, Holy Trinity Greek
Orthodox Church. The Pledge of Allegiance was recited by all present.
July 12, 2005
836
IN RE: NEW BUSINESS
1 Request for approval to enter into an option to purchase a 6.28
.
acre tract of land adjoining Oak Grove Elementary School
property, Windsor Hills Magisterial District. (Diane Hyatt, Chief
Financial Officer)
A-071205-1
Ms. Hyatt advised that County staff was recently approached to see if
there was interest in purchasing a 6.28 acre parcel of land adjacent to the Oak Grove
Elementary School property and the park area maintained by the Parks, Recreation &
Tourism Department. Staff visited the property and believes that there is a great
potential for this site for a future County use. This site is one of the ten sites currently
under consideration for a new library; however, the site also has potential for parks and
recreation or school purposes. The property is zoned R-2 which is high density
residential and could be used for school or park purposes with the current zoning but it
would require rezoning for use as a library. The Capital Improvement Program (CIP)
which was recently adopted endorses the concept of land banking and the purchase of
this property would fit well within this concept. Staff is asking for approval to enter into
an option to purchase this property to proceed with the necessary testing and for the
appropriation of $5,000 for the option. When the testing is completed, staff will ask the
Board for approval to purchase the property and apply the $5,000 towards the purchase
price.
July 12, 2005
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Supervisor Wray advised that he wanted to clarify that the property is
adjacent to and adjoins Roanoke County property. Ms. Hyatt advised that this was
correct.
Supervisor McNamara advised that this purchase had been discussed
previously in closed session and he feels that it is consistent with the County’s concept
of land banking. He advised that the purchase is very appropriate since the site is
adjacent to County property and whether or not it can be utilized for a library site, there
are other opportunities to use this property.
Supervisor McNamara moved to approve staff recommendation (approve
the Option to Purchase Agreement, and authorize the County Administrator to execute it
upon its behalf, all upon form approved by the County Attorney). The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1.First reading of an ordinance authorizing the vacation of four
existing 15 foot drainage easements within the proposed
development of Cherokee Hills, Section 4, Catawba Magisterial
District. (Arnold Covey, Director of Community Development)
Mr. George Simpson, Assistant Director of Community Development,
advised that staff is asking for approval to vacate four easements in Cherokee Hills and
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838
that two of the easements are in Section 1 and two are in Section 2. These easements
will be vacated and replatted with Cherokee Hills, Section 4, which is a new
development, to allow for drainage control.
Supervisor Church asked if these are the easements that he, Mr. Hodge
and County staff reviewed recently. Mr. Simpson advised that those easements are in a
separate area and not related to this item. He advised that staff has reviewed corrective
options such as installing a pipe and directionally boring so as not to disturb the
retaining walls and a paved driveway in the landscaped area. Supervisor Church
advised that unfortunately Cherokee Hills has many storm water situations and staff
needs to do everything necessary to ease the problems.
Supervisor Church moved to approve the first reading and set the second
reading and public hearing for July 26, 2005. The motion carried by the following
recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Second reading of an ordinance authorizing the conveyance of an
easement to Roanoke Gas Company through property owned by
the Roanoke County Board of Supervisors at Merriman/Starkey
Park to provide for the extension of natural gas service to the
Mason’s Crest Subdivision, Cave Spring Magisterial District.
July 12, 2005
839
(Pete Haislip, Director of Parks, Recreation and Tourism)
O-071205-2
Mr. Haislip advised that there have been no changes since the first
reading of the ordinance.
Supervisor Wray advised that he wanted to clarify that this item and the
next item on the agenda will have no impact on Starkey Park. Mr. Haislip responded
that the park will not be affected. Supervisor Wray advised that he understood that the
funds will be used for improvements to the park and asked Mr. Haislip to inform the
Board on how the funds are distributed.
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 071205-2 AUTHORIZING CONVEYANCE OF AN
EASEMENT TO THE ROANOKE GAS COMPANY THROUGH
PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF
SUPERVISORS AT MERRIMAN/STARKEY PARK (TAX MAP NO.
97.01-2-13) TO PROVIDE FOR THE EXTENSION OF NATURAL GAS
SERVICE FOR THE DEVELOPMENT OF THE MASON’S CREST
PROJECT BY RADFORD HOMES, CAVE SPRING MAGISTERIAL
DISTRICT
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner
of a parcel of land containing 14.2 acres off Merriman Road in the County of Roanoke,
Virginia, designated on the Roanoke County Land Records as Tax Map No. 97.01-2-13;
and,
WHEREAS, Roanoke Gas Company has requested the conveyance of an
easement across this property to provide for the extension of natural gas service for the
development of the Mason’s Crest Project by Radford Homes; and
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840
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 June 28,
2005; and the second reading was held on July 12, 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
Roanoke Gas Company for the extension of natural gas service for the development of
the Mason’s Crest project by Radford Homes.
2. That conveyance to the Roanoke Gas Company of a gas line easement
as shown and described as “New 10’ Gas Line Easement” (7,359 sq. ft.) on a plat
entitled “Plat showing New 10’ Gas Line Easement being granted by Roanoke County
Board of Supervisors to Roanoke Gas Company . . . Situated on Tax #97.01-2-13 (DB
1123, PG. 531) Cave Spring Magisterial District” prepared by Lumsden Associates, P.
C., dated June 7, 2005, a copy of which is attached hereto as Exhibit A, is hereby
authorized and approved.
3. That the County accepts the payment of $1,917.75 as fair market value
compensation for this easement and that this sum is appropriated to the Parks and
Recreation Capital Maintenance Fund.
4. 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 Wray 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 conveyance of an
easement to Cox Communications through property owned by the
Roanoke County Board of Supervisors at Merriman/Starkey Park
to provide for the extension of cable television, internet, and
telephone service for the benefit of Cox Communications and the
Mason’s Crest Subdivision, Cave Spring Magisterial District.
July 12, 2005
841
(Pete Haislip, Director of Parks, Recreation and Tourism)
O-071205-3
Mr. Haislip advised that there have been no changes since the first
reading of the ordinance. There was no discussion on this item.
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 071205-3 AUTHORIZING CONVEYANCE OF AN
EASEMENT TO COX COMMUNICATIONS ROANOKE THROUGH
PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF
SUPERVISORS AT MERRIMAN/STARKEY PARK (TAX MAP NO.
97.01-2-13) TO PROVIDE FOR THE EXTENSION OF CATV SERVICE
FOR THE DEVELOPMENT OF THE MASON’S CREST PROJECT BY
RADFORD HOMES, CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner
of a parcel of land containing 14.2 acres off Merriman Road in the County of Roanoke,
Virginia, designated on the Roanoke County Land Records as Tax Map No. 97.01-2-13;
and,
WHEREAS, Cox Communications Roanoke has requested the conveyance of an
easement across this property to provide for the extension of CATV service for the
development of the Mason’s Crest Project by Radford Homes; 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 June 28,
2005; and the second reading was held on July 12, 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 Cox
Communications Roanoke for the extension of CATV service for the development of the
Mason’s Crest project by Radford Homes.
July 12, 2005
842
2. That conveyance to Cox Communications Roanoke of a CATV easement
as shown and described as “. . . New 10’ CATV Easement” (3,936 sq. ft.) on a plat
entitled “Plat showing . . . New 10’ CATV Easement being granted by Roanoke County
Board of Supervisors to Cox Communications Situated on Tax #97.01-2-13 (DB 1123,
PG. 531) Cave Spring Magisterial District” prepared by Lumsden Associates, P. C.,
dated June 7, 2005, a copy of which is attached hereto as Exhibit A, is hereby
authorized and approved.
3. That the County accepts the payment of $1,025.72 as fair market value
compensation for this easement and that this sum is appropriated to the Parks and
Recreation Capital Maintenance Fund.
4. 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 Wray to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
N RE: APPOINTMENTS
I
1. Social Service Advisory Board (Appointed by District)
Supervisors Wray and Church advised that they will be prepared to
nominate citizens at the next Board meeting. Supervisor Flora requested that the Clerk
contact Ms. Hayes, the Hollins Magisterial District representative, to determine if she
wishes to serve an additional term.
IN RE: CONSENT AGENDA
R-071205-4, R-071205-4.a
Supervisor McNamara moved to adopt the consent resolution. The
motion carried by the following recorded vote:
July 12, 2005
843
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
RESOLUTION 071205-4 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM I - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for July 12,
2005, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 3, inclusive, as follows:
1. Approval of minutes – June 28, 2005
2. Resolution of appreciation upon the retirement of Robert L. Powers, Parks,
Recreation and Tourism Department, after six years of service
3. Request from schools to appropriate fees in the amount of $2,660 from the
Summer Specialty Center Programs
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 McNamara to adopt the Consent Resolution, and
carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
RESOLUTION 071205-4.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF ROBERT L. POWERS, PARKS, RECREATION AND
TOURISM DEPARTMENT, AFTER SIX YEARS OF SERVICE
WHEREAS, Robert L. Powers was first employed by Roanoke County on
September 28, 1998; and
WHEREAS, Mr. Powers served as a Corrections Division Cook for the Sheriff’s
Office and retired as a parks maintenance worker on July 1, 2005, after six years and
nine months of service; and
WHEREAS, Mr. Powers, through his employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens through beautification of
the parks and County buildings and by providing safe and enjoyable recreational
facilities.
July 12, 2005
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County toROBERT L. POWERS for more than six years of
capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: 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. Jail Study Costs Report
6. Proclamation signed by the Chairman
N RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
I
Supervisor Church:
(1) He advised that he received a thank you letter
from the citizens in Catawba and thanked Pete Haislip and the Parks, Recreation and
Tourism Department staff for their help in upgrading the Catawba Community Center.
(2) He stated that he received a telephone call from a citizen who lives on Sorrel Lane
July 12, 2005
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regarding the bad job that Slurry Paving, Inc. is doing on the County’s roads. He
advised the citizen that there is not much that he can do about this. He reported that
the citizen has also contacted Supervisor McNamara. (3) He thanked the Virginia
Department of Transportation (VDOT) for their approval of a traffic light at the
intersection of Cleveland Avenue and Thompson Memorial Drive. (4) He thanked
Anthony Ford, Traffic Engineer, for his prompt response to a request for signage about
large trucks from Sandra Ferris.
Supervisor Wray
: He requested that George Simpson or Elmer Hodge
relay the following information to Arnold Covey: (1) He requested an update on whether
VDOT has scheduled a design public hearing on the bridge replacement on Boones
Chapel Road. (2) He advised that another meeting was to be scheduled with a citizen
who had concerns about a bridge and inquired if that meeting had been scheduled. (3)
He asked about the status of the street light on Martinell that had been requested.
Supervisor Altizer:
He advised the citizens on Rutrough Road who live
close to the entrance of Explore Park that the County has been trying to determine the
current owner of the property to have it cleaned up and maintained. He advised that
there is still trash to be disposed of but Mr. Simpson reports that the grass has been cut.
IN RE: CLOSED MEETING
Supervisor Altizer advised that the following item had been removed from
the closed meeting: pursuant to the Code of Virginia Section 2.2-23711 A (5)
discussion concerning prospective business or industry where no previous
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846
announcement had been made.
At 3:20 p.m., Supervisor Altizer moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia 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. The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS: None
th
IN RE: WORK SESSIONS (4 Floor Conference Room)
1. Work session to discuss the development of a master plan for the
Department of Parks, Recreation & Tourism. (Pete Haislip,
Director of Parks, Recreation and Tourism)
The work session was held from 3:30 p.m. until 4:15 p.m. Staff present at
the meeting included the following: Pete Haislip, Director of Parks, Recreation and
Tourism; Mark Courtright, Assistant Director of Parks; and Grey Craig, Recreation
Marketing Specialist. Also present were: Leon Younger, PROS Consulting; Jon
Schmit, Land Planning and Design; and members of the Parks and Recreation Advisory
Commission Jack Griffith and Paul Bailey.
July 12, 2005
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Mr. Haislip advised that this is the first time that the Parks, Recreation and
Tourism Department has gone through development of a master plan for facilities and
programs. This will be an eight-month process and the community will be heavily
involved in the process. He advised that development of a master plan was being
considered at this time due to recommendations made by the Capital Improvement
Program (CIP) Citizens Review Committee for two years that the Parks, Recreation and
Tourism Department and the Libraries should update or develop master plans. He
reported that PROS Consulting, which is located in Indianapolis, Indiana and Dallas,
Texas, was selected by the Request for Proposal process to develop the plan; and Land
Planning and Design, a landscape architect planning firm from Charlottesville, Virginia,
has also been subcontracted to assist. He advised that Mr. Younger has twenty years
of experience as a County Parks and Recreation Director; has worked in every state
except Hawaii; has completed 400 different parks and recreation projects; is currently
working with the Cities of Martinsville and Charlottesville; just completed a plan for
Fairfax County; and has worked for the City of Harrisonburg. Mr. Haislip advised that
Mr. Younger will make a power-point presentation to the Board.
In response to Supervisor Wray’s inquiry, Mr. Younger advised that PROS
stands for Parks and Recreation Open Space.
Mr. Younger advised that the master plan process is an opportunity for the
department to plan for the future and review their strengths and challenges. It is also an
opportunity to engage the community in an assessment of how they see the system
July 12, 2005
848
working for them and how well the department is responding to their needs.
Mr. Younger advised that the master plan will be customized to the County
and its citizens and made the following points during his presentation: (1) The eight-
month process should be completed by March 2006. (2) They will gather stakeholder
contact information to be used during and after the project is completed. (3) They will
conduct key interviews with community leaders and stakeholders to obtain community
values and thoughts on the things that County parks should provide. (4) They will use
input from ten focus groups representing a wide range of stakeholders, County leaders,
users/non-users, community leaders and citizens. (5) They will use four public forums at
different locations in the County during September and October to present project
information and gather citizen feedback. (6) They will conduct a survey of 600 County
households to help quantify levels of awareness and usage of parks. (7) They will
create a base map and database of the park system which will be confirmed by a tour of
the park system. (8) They will conduct a facilities finding summary with revenue
information from surrounding facilities. (9) They will perform an assessment of related
programs and County facilities. (10) They will conduct a feasibility study to understand
available markets for a new facility such as a baseball/softball complex to support sports
marketing efforts. (11) The final report including goals, recommendations and an
implementation plan should be available in February 2006 for review by the Board.
Supervisor Altizer requested that five public forums be planned with one
being held in each magisterial district of the County. Supervisor Church requested that
July 12, 2005
849
the master plan include an analysis of County facilities for use by disabled citizens.
Supervisor McNamara suggested that the analysis for creating infrastructures for
tournaments be done from a valley-wide perspective and include information from the
Cities of Salem and Roanoke. Mr. Hodge requested that Mr. Younger incorporate
information from the study being done at Explore Park. In response to Supervisor
Wray’s inquiry, Mr. Haislip advised that he will serve as the project coordinator.
2. Work session to discuss the development of a master plan for
public facilities. (Elmer Hodge, County Administrator; Arnold
Covey, Director of Community Development; and Joel Shelton,
Administration Intern)
The work session was held from 4:20 p.m. until 4:45 p.m. Staff present at
the meeting included the following: Elmer Hodge, County Administrator; and Joel
Shelton, Administration Intern.
Mr. Hodge advised that the master plan is an effort to put together a
process whereby County facilities can be reviewed on an ongoing basis to ensure that
services to the citizens and staff are effectively delivered and to prepare for long-range
changes. The process would focus on the organization of County services in terms of
geographic and functional clusters and would consider the best use of all facilities for
anticipated future needs. Mr. Hodge advised that at this time there are four major
County facilities which include: (1) the Administration Center on Bernard Drive; (2) the
Courts and related functions in Salem; (3) the Public Safety Building on Peters Creek
July 12, 2005
850
Road which is being relocated to Cove Road; and (4) the Kessler Mill Building Complex
which includes the General Services Department and the Parks, Recreation and
Tourism Department. Due to the relocation of the Public Safety Building, the formation
of the Western Virginia Water Authority, and the need for a South County Library, the
County has opportunities for long-range planning. Mr. Hodge advised that there are
additional regional and County-wide needs, and he would like to explore possibilities
with the County schools including their need for a new garage building. The master
plan would be a 10 to 15 year review of needs and ways to implement the projects in
the CIP; however, it would not replace any existing departmental master plans, such as
the one just discussed for the Parks, Recreation and Tourism Department.
Mr. Hodge advised that Mr. Shelton has compiled a comprehensive list of
all properties owned by the County and this was distributed to the Board members. Mr.
Shelton also distributed examples from the facility inventory process which included
maps and building profiles for the Administration Center and the Kessler Mill Building
Complex.
Mr. Hodge advised that he would like to start the process by reviewing
projects and facilities with interested parties which would include the School Board, the
Planning Commission, the Parks and Recreation Advisory Commission, the Library
Board, and County staff.
Supervisor Flora suggested that it might be time to consider long-range
planning for a governmental center close to the transportation areas. If a potential site
July 12, 2005
851
or area could be determined, the County could move towards a complex by placing new
facilities at that site.
It was the consensus of the Board to move forward with the master plan,
and Mr. Hodge advised that he will provide more information to the Board at the second
meeting in August. Supervisor Wray suggested that the properties owned by the
County that are unusable be identified so they can be sold and the funds used to
purchase other properties for future use.
3.Work session on ordinances amending the Roanoke County
Code, Chapter 13. Offenses – Miscellaneous and Chapter 30.
Zoning Ordinance regulating adult businesses. (Paul Mahoney,
County Attorney)
The work session was held from 4:45 p.m. until 5:10 p.m. Staff present at
the meeting included the following: Paul Mahoney, County Attorney; Donna Furrow,
Assistant Chief of Police; and Lt. Chuck Mason.
Mr. Mahoney advised that he has worked closely with Assistant Chief
Furrow and Lt. Mason concerning this topic. He advised that the purpose of the work
session was to: (1) create a permit process whereby any adult business wishing to
operate in the County would have to get a permit from the Chief of Police which requires
detailed information and establishes the grounds for revocation of the permit and the
procedure for appeals; and (2) amend the zoning ordinance to address the illegal
secondary effects arising from certain lawful businesses such as bookstores, video
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stores, motels, theaters, and nightclubs that provide adult entertainment.
Mr. Mahoney advised that adult businesses are not illegal in the County
and that the County cannot impose a local ordinance with animosity towards sexual
speech but must remain content neutral. Many of these activities have been reviewed
by the federal courts and they have been determined to be symbolic speech and are
protected by the first amendment. The goal is to be content neutral and not to arbitrarily
discriminate against certain kinds of protected speech while at the same time trying to
address illegal secondary effects of adult businesses.
Mr. Mahoney advised that the zoning ordinance amendment would restrict
the location of adult businesses so that they could not be located within 100 feet of day
care centers, schools, churches or residential zoned districts. He displayed a detailed
map of the County showing the effects of the 100 foot exclusion zone. He advised that
there are over 1,100 parcels or 1,800 acres zoned C-2 in the County and if the parcels
within 100 feet are excluded, 430 parcels or 479 acres would still be available.
Mr. Mahoney advised that with any approach that the County takes, adult
businesses cannot be absolutely banned or prohibited and some place has to be
provided for them. The attempt under the current proposal is to try and give the Board
the ability to appropriately regulate these kinds of uses through use and design
standards and the exclusion zone.
Supervisor Wray questioned whether the 100 foot exclusion was
appropriate and advised that he thought it should be increased. Mr. Mahoney advised
July 12, 2005
853
that the 100 foot exclusion came from the fact that in the C-2 district, 100 feet is the
largest road frontage for a parcel that has no public water or sewer. He cautioned that
the Board has to be careful to not draw a circle so broad that if it is challenged in the
courts, the exclusion would basically eliminate all areas of the County. He advised that
if the Board goes forward with the zoning amendment, it would be heard by the
Planning Commission and during the public comment process, an increase in the
exclusion area could be addressed.
Mr. Mahoney advised that adult businesses would be allowed in the purple
areas displayed on the map which includes Route 220, south of Route 419 and
Tanglewood Mall, Routes 11/460 and Williamson Road.
Mr. Mahoney advised that he used the ordinances of Henrico, Chesterfield
and Prince Williams Counties in preparing the County’s proposed ordinance. He
advised that last year in Henrico County, there was a series of successful prosecutions
against strip clubs and dancers in the General, District and Circuit Courts as well as the
Court of Appeals. As part of the appeal, the defendants challenged Henrico County’s
ordinance which was upheld by the Court of Appeals. Mr. Mahoney felt that since this
ordinance approach has been judicially tested in the Commonwealth and upheld, he,
with the assistance of Assistant Chief Furrow and Lt. Mason, would prepare similar
ordinances for presentation to the Board. In the Court of Appeals’ opinion, 32 localities
in the Commonwealth were identified which use a similar public indecency definition
and criminal misdemeanor approach; however, not all of these localities have used the
July 12, 2005
854
zoning ordinance approach. Mr. Mahoney advised that since there are already public
obscenity statutes in the State Code, he wanted to give the Board another way to
regulate the businesses.
Mr. Mahoney advised that he was proposing this approach as a preventive
measure because over the past four or five years, there have been inquiries from
different individuals about the County ordinances with respect to adult businesses.
None of the inquiries were pursued and none are pending at this time. Mr. Mahoney
advised that another reason for bringing this forward was the issue several years ago
concerning a methadone clinic being opened at Colonial Avenue and Ogden Road. He
feels that the County should have ordinances approved in advance of such a situation
occurring.
Mr. Mahoney advised that Lt. Mason prepared a packet of information
which was distributed to the Board members. He advised that this is the first initiative
and that staff will conduct more research. Because the ordinances must be heard by
the Planning Commission and the community in a public process, he does not anticipate
any action coming to the Board until September or even later this year. Mr. Mahoney
advised that the material that was being distributed will become part of the legislative
record and included information from the Community Defense Council, the website
obscenitycrimes.org, a planning study from New York City, an article from Exploring
Constitutional Conflicts entitled Regulation of Sexually-Oriented Businesses and the
Secondary Effects Test, U. S. Supreme court cases, and a law review article from
July 12, 2005
855
Florida entitled Preventing the Secondary Effects of Adult Establishments: Is Zoning the
Solution?
In response to Supervisor Altizer’s inquiry, Mr. Mahoney advised that adult
businesses can be established in the County if they meet the broad definition of a
permitted use under the zoning ordinance. He advised that John Murphy, Zoning
Administrator, could issue an adverse decision but it would be a weak case to bring
before the Board of Zoning Appeals. With the approach that he is suggesting, the
Board would have the ability to limit the location of adult businesses. Mr. Mahoney
advised that at this time, the County is vulnerable to adult businesses being established.
Supervisor Church advised that he thought the exclusion area should be
larger than 100 feet even if it is contested in the court system. Chairman Altizer advised
that it was the direction of the Board for staff to start the process and they should move
forward.
IN RE: CLOSED MEETING
The closed meeting was held from 5:10 p.m. until 5:20 p.m.
IN RE: CERTIFICATION RESOLUTION
R-071205-5
At 5:20 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
856
July 12, 2005
RESOLUTION 071205.5 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:
ADJOURNMENT
Chairman Altizer adjourned the meeting at 5:21 p.m.
Submitted by:
Approved by:
~9.Jd-u~
Brenda J. Holton, CMC
Deputy Clerk to the Board
~u.~
Michael W. Altizer
Chairman