10/23/2007 - Regular
October 23, 2007
961
Former Roanoke County Public Safety Center
3568 Peters Creek Road
Roanoke, Virginia 24019
October 23, 2007
The Board of Supervisors of Roanoke County, Virginia, met this day at the
former Roanoke County Public Safety Center, this being the fourth Tuesday and the
second regularly scheduled meeting for the month of October, 2007.
INRE:
CALL TO ORDER
Chairman McNamara called the meeting to order at 3:03 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Joseph P. McNamara, Vice-Chairman Richard C.
Flora, Supervisors Michael W. Altizer, Joseph B. "Butch"
Church, Michael A. Wray
MEMBERS ABSENT: None
STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; John M. Chambliss, Assistant County
Administrator; Dan O'Donnell, Assistant County
Administrator; Mary V. Brandt, Assistant Deputy Clerk to the
Board; Teresa Hamilton Hall, Public Information Officer
INRE:
OPENING CEREMONIES
The invocation was given by Pastor Greg Irby, Temple Baptist Church. The
Pledge of Allegiance was recited by all present.
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October 23, 2007
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney requested that a closed meeting be added pursuant to the
Code of Virginia Section 2.2-3711.A (29) discussion of the award of a public contract
with Franklin County and the Western Virginia Water Authority for the Route 220
waterline involving the expenditure of public funds and discussion of the terms or scope
of such contract where discussion in open session would adversely effect the
bargaining position or negotiating strategy of the County. It was the consensus of the
Board to add the closed meeting to the agenda.
Supervisor Wray advised that he would not participate in the closed
meeting due to a possible conflict of interest.
INRE:
INRE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Introduction of Grav Goldsmith = new member of the Western
VirQinia Water Authority's Board of Directors
Mr. Hodge introduced R. Grayson "Gray" Goldsmith as the County's new
member on the Western Virginia Water Authority's Board of Directors.
2. Certificate of recoQnition for Sheriff Deputy Brian Keenum on
beinQ selected as ~ runner in the final J.!g of the Law Enforcement
Torch Run at the Special Olvmpics World Games in China
October 23, 2007
963
Chairman McNamara presented the certificate of recognition to Sergeant
Keenum. Also present were Sheriff Gerald Holt, Captain Charles Hart, and Pastor Irby,
volunteer chaplain for the Sheriff's Office.
INRE:
PUBLIC HEARING
1. Public hearina to receive citizen comments reaardina ! proposed
amendment to the fiscal year 2007-2008 budaet in accordance
with Section 15.2-2507, Code of Virainia. (Brent Robertson,
Director of Manaaement and Budaet)
Mr. Robertson advised that that this public hearing is to secure citizens'
comments concerning amending the fiscal year 2007-2008 budget by adjusting the
aggregate amount to be appropriated during the fiscal year. Mr. Robertson reported
that Section 15.2-2507 of the Code of Virginia provides that whenever such
amendments exceed one percent of the total expenditures shown in the adopted budget
or $500,000, whichever is lesser, the County must publish notice of a meeting and
public hearing that states the County's intent to amend the budget and include a brief
synopsis of the proposed budget amendments. He stated that this notice was published
in the Roanoke Times on October 16, 2007.
Mr. Robertson advised that the amendments to budget are as follows:
(1) a request to appropriate an amount not to exceed $6,700,000 for a County fleet
maintenance facility; (2) a request to appropriate an amount not to exceed $16,290,000
964
October 23, 2007
for the South County library; and (3) a request to appropriate an amount not to exceed
$3,500,000 for the North County fire station.
Mr. Robertson advised that there is no fiscal impact as a result of the
public hearing and that the appropriation requests will occur later on this agenda.
There were no citizens to speak on this item, and there was no discussion.
NEW BUSINESS
1: Reauest to appropriate funds for the ~ County aaraae, the
South County library, and the North County fire station, and to
adopt ! resolution declarina intent to reimburse expenditures
from bond proceeds for the North County fire station. (Diane D.
Hyatt, Chief Financial Officer)
A-1 02307 -1; R-1 02307-2
Ms. Hyatt advised that as a result of fiscal policies adopted by the Board in
December 2004 to fund capital projects, surplus funds at the end of each fiscal year are
applied to the unappropriated balance of the County and to fund the Major and Minor
County capital reserves. She further advised that the Major and Minor Capital Reserves
allow the County to pay cash for smaller capital projects and fund down payments on
larger capital projects. Ms. Hyatt reported that the County also contributes to a joint
Future Debt Service Reserve Fund in conjunction with the Schools to pay for the debt
service on future bond issues to fund larger capital projects.
INRE:
October 23, 2007
965
Ms. Hyatt advised that the fiscal policies adopted by the Board have been
effective and will allow the County to proceed with these needed capital projects now
while interest rates are low. She noted that delaying the projects will only result in
construction costs increasing faster than additional funds can accrue.
Ms. Hyatt advised that the Board has appropriated funds and awarded
contracts for the upgrade to the radio system and the multigenerational center which will
also be included in the upcoming bond issue. She further advised that the Board has
adopted resolutions declaring the intent to reimburse itself with bond proceeds for each
project except the fire station and that staff is requesting that the Board approve a
similar resolution for the fire station.
Ms. Hyatt advised that staff is requesting that the Board appropriate funds
for the following capital projects: (1) new garage: $6,440,000; (2) South County library:
$16,290,000; and (3) North County fire station: $3,500,000. She added that staff has
also requested that the Board approve a resolution allowing the County to reimburse
itself from future bond issues or other financings for expenditures made on the fire
station.
Ms. Hyatt reported that the County has already appropriated $3,670,000
to these projects as a result of the Boards' new fiscal policies. She reported that the
balance of $26,230,000 to fund these projects will be included in the upcoming bond
sale, along with the multigenerational center and the radio upgrade. She stated that
debt service for this bond sale will be paid in future years with money from the Future
966
October 23, 2007
Debt Service Reserve Fund, increased Fee for Transport rates recently approved by the
Board, and partnerships with the Western Virginia Water Authority. She added that the
debt service will be paid from the County's existing revenue stream, and will not impact
funding for the Schools.
In response to Supervisor Flora's inquiry, Ms. Hyatt reported that it will be
necessary for the Board to approve the bond sale to complete the funding process for
these capital improvement projects.
Mr. Hodge advised that work sessions will be held in the future to allow
the Board to have input into the projects as they progress.
In response to an inquiry from Supervisor Church, Mr. Hodge advised that
the County's per capita dept ratio will remain low and compare favorably to the debt
ratios of surrounding localities. He further advised that Supervisor Church was correct
in stating that the County allocates 49 percent of its annual revenue to the schools. He
reported that the joint capital improvement funding plan implemented by the Board and
the School Board has been an effective method of accruing funds for larger capital
projects. He reported that the County is using its share of the joint fund for its capital
projects and that school projects are funded from the Schools' share.
Supervisor Church stated that a great deal of misinformation has been
circulated concerning the County's method of funding capital projects and the negative
impact on County schools. However, he advised that this is incorrect as has been
explained.
October 23, 2007
967
In response to Supervisor Wray's inquiry, Mr. Hodge advised that there is
an item later on the agenda that will deal with grant funding for the South County library
project. He thanked the Board members for their support and added that staff would
bring the necessary contracts to the Board for approval at a later date.
Supervisor Flora moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 102307-2 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS INTENTION TO
REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR
CERTAIN COSTS OF A FIRE STATION
WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia, (the
"County") has determined that it may be necessary or desirable to advance money to
pay the costs of designing, acquiring, constructing, and equipping a new Fire Station
(the "Project").
NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA, as follows:
1. The Board of Supervisors adopts this declaration of official intent under
Treasury Regulations Section 1.150-2.
2. The Board of Supervisors reasonably expects to reimburse advances made or
to be made by the County to pay the costs of designing, acquiring, constructing, and
equipping the Project from the proceeds of its debt or other financing. The maximum
amount of debt or other financing expected to be issued for the designing, acquiring,
constructing and equipping the Project is $4,200,000.
3. This resolution shall take effect immediately upon its adoption.
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October 23, 2007
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
2. Reauest for permission to apply for ! land and Water
Conservation Fund arant to help finance the construction of the
Taylor Tract Park and Trail System at the site of the new South
County library. (Pete Haislip. Director of Parks. Recreation. and
Tourism)
R-1 02307-3
Lon Williams, Parks Planner, advised that this grant request pertains to
the passive park system proposed for a sixteen-acre portion of the twenty-eight acre
site for the new South County library. The park and trail system will include six acres of
wetlands located on the site which will be protected in perpetuity as a condition of the
grant. The proposed park and trail system will benefit the new library, Penn Forest
Elementary School, and adjacent parks. He stated that the Army Corp of Engineers is
supportive of this project and has informed staff that the wetlands on this site are the
largest wetlands in Roanoke County.
Mr. Williams advised that the estimated cost of the project is $162,620 and
that staff is requesting $77,700 in grant funding with the County providing a match of
$84,920 which is a little higher that the 50 percent match required for the grant program
to make the grant request more competitive. He reported that the County applied for a
October 23, 2007
969
similar grant in 2006; however, only four grants were awarded throughout the state, and
the County did not receive one.
Supervisor Wray inquired about the location and size of the parking lot for
the proposed park. Mr. Williams reported that the parking lot would be accessed from
Crystal Creek Drive and that staff has decided to construct a small lot initially to avoid
the necessity of paving the lot as required by County zoning. He reported that the lot
could be expanded at a later date if necessary.
In response to Supervisor Wray's inquiry concerning the wetlands,
Mr. Williams advised that a raised trail is proposed for the wetlands that will include two
observation platforms with interpretative signage which will connect to the upland trails
at each end.
Supervisor McNamara inquired how the project will be funded if the
County does not receive the grant. Mr. Williams responded that staff would request
funding through the Capital Improvement Program (CIP).
In response to Supervisor McNamara's inquiry, Mr. Williams advised that
the County should receive tentative notification in Spring 2008 if the County is awarded
grant funds. He added that the funding is provided by the National Parks Service which
will need to approve the award.
Supervisor McNamara inquired when the final budget would be presented
to the Board for approval. Ms. Hyatt advised that the final project budget would be
presented in either April or May 2008. Supervisor McNamara advised that contingency
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October 23, 2007
funds should be included in the project's budget to fund the park and trail system if
necessary since the park is an integral part of the library project. He requested that
Mr. Williams provide a status report on the grant application to the Board in March 2008.
Supervisor Wray moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 102307 -3 OF SUPPORT TO SUBMIT A GRANT
APPLICATION TO THE VIRGINIA DEPARTMENT OF CONSERVATION
AND RECREATION FOR A LAND & WATER CONSERVATION FUND
GRANT TO HELP FINANCE THE CONSTRUCTION OF THE TAYLOR
TRACT PARK AND TRAIL SYSTEM
WHEREAS, the Department of Conservation and Recreation (OCR), provides
funds to assist political subdivisions of the Commonwealth of Virginia in acquiring and
developing open space and park lands; and
WHEREAS, there are urgent needs within Roanoke County to develop passive
parks facilities and systems of walking and hiking trails; and
WHEREAS, the Taylor Tract parcel is deemed to be of a high acquisition and
development priority by Roanoke County and shall be referred to as the Taylor Tract
Park and Trail System Project.
WHEREAS, in order to attain funding assistance from OCR, it is necessary that
the Roanoke County Board of Supervisors guarantee that a proportionate share of the
cost thereof is available; and
WHEREAS, the total project cost is $162,620, and Roanoke County is seeking a
grant from OCR in an amount of $77,700 and the County's 52 percent proportionate
project share of $84,920 will be funded by the Roanoke County Board of Supervisors.
NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of
Roanoke County, Virginia, as follows:
October 23, 2007
971
1. That the County Administrator is hereby authorized to cause such
information or materials as may be necessary to be provided to the Department of
Conservation and Recreation (OCR) and to enter into such agreements as may be
necessary to permit the formulation, approval, and funding of the Taylor Tract Park and
Trail System Project.
2. That Roanoke County gives its assurance that the funds needed as the
proportionate share of the cost of the approved program will be provided up to $84,920.
3. That Roanoke County gives its assurance that the general provisions of
the Land and Water Conservation Fund Act (L&WCF) and the fiscal procedures will be
complied with in the administration of this project.
4. That Roanoke County will operate and maintain the public recreation
facility in good condition and will provide permanent project acknowledgement signs of
the participating funding agencies, and that this signage will clearly state that the said
facility is a "public" recreational facility.
5. That Roanoke County shall dedicate the metes and bounds of the Taylor
Tract Park and Trail System Project properties, in perpetuity, for public outdoors
recreational purposes in accordance with the Land and Water Conservation Fund
(L&WCF) Act.
6. That Roanoke County gives its assurance that all other applicable federal
and state regulations governing such expenditure of funds will be complied with in the
administration, development, and subsequent operation of this Taylor Track Park and
Trail System Project.
7. That the Department of Conservation and Recreation is respectfully
requested to assist in approval and funding of the Taylor Tract Park and Trail System
Project in order to enhance the standard of public recreational enjoyment for all our
citizenry.
On motion of Supervisor Wray to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
3. Reauest for permission to apply for ~ arant from the Virainia
Department of Transportation (VDOn to help finance the
construction of approximately five miles of Roanoke River
Greenway in the eastern section of the County. (Pete Haislip.
Director of Parks. Recreation. and Tourism)
R-102307-4
972
October 23, 2007
Mr. Williams advised that this grant request is for a five-mile section of
greenway in the eastern portion of the County. He reported that staff is currently
working on a section of greenway in Greenhill Park that is funded through this program
in conjunction with the City of Salem. He further advised that staff has determined in
conjunction with the Roanoke Valley Greenway Commission that the eastern section of
the Roanoke River Greenway that lies within the County should be the next section of
greenway to be completed.
Mr. Williams reported that this greenway will cost approximately $3.5
million and take several years to complete. He advised that this grant will cover 80
percent of the cost leaving a balance of 20 percent or $93,122 that the County will be
required to fund. He added that the Parks and Recreation Department has funding
available in its budget to cover 50 percent of this balance. He reported that the
remaining $46,561 will come from a combination of in-kind services, donated lands
within the greenway corridor, and other local matching funds.
In response to an inquiry from Supervisor Altizer, Mr. Williams advised
that a cost estimate has been prepared that provides a breakdown of funds. He added
that staff is hoping that easements on private land will be donated to the project.
However, he noted that staff has budgeted funds for land acquisition. He reported that
the funds budgeted for design engineering will cover preliminary design, surveying, and
some administrative costs. He added that there will be some environmental and
permitting costs required for the project
October 23, 2007
973
Supervisor Altizer inquired if the Roanoke Valley Resource Authority
(RVRA) could donate an easement to conserve costs and expedite the process. Anne
Marie Green, RVRA Board Member, advised that the greenway corridor is located
within the buffer zone that Mr. Vander Maten is interested in as part of his Explore Park
project. Supervisor Altizer suggested that there may be an opportunity to partner with
the RVRA and Mr. Vander Maten on this portion of the greenway. Ms. Green noted that
the buffer zone has always been considered a possible location for a greenway.
Supervisor Altizer requested the current status of the right of ways for the
greenway corridor. Mr. Williams reported that a rough corridor has been proposed and
that Liz Belcher, Roanoke Valley Greenway Coordinator, has contacted some property
owners regarding right of way donations. He added that a rough corridor needed to be
established so that a survey can be performed to determine what right of ways are
required. He advised that this is an appropriate time to contact landowners to inform
them that a greenway may cross their property and see if they are supportive.
Mr. Williams noted that this section of greenway crosses large tracts of public land
which will help reduce costs.
In response to an inquiry from Supervisor Flora, Mr. Williams reported that
American Electric Power owns a section of land within the proposed corridor and that
this land is adjacent to the river and prone to flooding.
Supervisor Flora noted that he was concerned about the last item in the
resolution which states that if the project cannot be completed, the County will be
974
October 23, 2007
required to reimburse VDOT for the grant funds. He advised that establishing the right
of ways is a priority for this project.
Supervisor Church advised that it may take several years to acquire the
necessary right of ways since the project spans multiple jurisdictions and many property
owners. Mr. Williams noted that if the project was held up by a property owner, the trail
could be altered to move project forward.
In response to Supervisor Altizer's inquiry, Mr. Williams advised that staff
is working with the Greenway Commission on tax benefits but that he did not have
details at this time. He added that a timeline would be established for the project as a
part of the contract with VDOT but that the project's deadline would be extended by
VDOT as long as progress continues.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 102307 -4 OF SUPPORT TO SUBMIT A GRANT
APPLICATION TO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION FOR A FY 2008 - 2009 TRANSPORTATION
ENHANCEMENT PROGRAM GRANT TO HELP FINANCE THE
CONSTRUCTION OF THE EASTERN SECTION OF THE ROANOKE
RIVER GREENWAY
WHEREAS, in accordance with Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request by resolution be
received from the Board of Supervisors of Roanoke County in order that the Virginia
Department of Transportation program an enhancement project in the Roanoke County.
October 23, 2007
975
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, as follows:
1. That it requests the Commonwealth Transportation Board to establish a
project for the construction and development of approximately 5 miles of the Roanoke
River Greenway in eastern Roanoke County from the Roanoke City line to Explore
Park.
2. That the costs associated with the first phase of the project (which will
address project design, engineering and permitting, and private land acquisition along
the proposed greenway corridor) are estimated to be $465,608. Roanoke County is
requesting grant funding in the amount of $372,486 which is 80 percent of the total
estimated cost of the first phase of this project. Roanoke County hereby agrees to pay
matching funds of $93,122 which is 20 percent of the total estimated project cost.
3. That Roanoke County will provide 50 percent of the matching funds which
is $46,561. The remaining 50 percent of the matching funds will come from in-kind
services, donated real estate within the greenway corridor, and matching funds provided
by other sources.
4. That if Roanoke County subsequently elects to cancel this project the
County hereby agrees to reimburse the Virginia Department of Transportation for the
total amount of costs expended by the Department through the date the Department is
notified of such cancellation.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
4. Adoption of ! list of interstate and primary road proiects and
resolution to be presented at the Virainia Department of
Transportation's (VDOT's) public hearina for the fiscal years
2009-2014 Six-Year Improvement Proaram. (Teresa Becher.
Transportation Enaineerina Manaaer)
R-102307-5
Ms. Becher advised that the Commonwealth Transportation Board (CTB)
is holding public hearings to receive comments about which essential rail, public
transportation, bicycle, pedestrian, and highway projects (primary and interstate roads)
976
October 23, 2007
should be included in the fiscal years (FY) 2009-2014 Six-Year Improvement Program
(SYIP). She stated that this year's public hearing for the Salem District is scheduled for
October 24, 2007, at the Salem Civic Center, Community Room, beginning at 6 p.m.
and ending when all comments have been received. She added that the list has not
changed since last year.
Interstate 73. Ms. Becher advised that in a letter dated June 3, 2001, the
Board of Supervisors encouraged VDOT to work closely with the citizens impacted by
Interstate 73 to address their concerns and mitigate any negative impacts to them. This
is in addition to the resolution 120500-2 passed December 5, 2000 reaffirming the
Board's support for 1-73. She reported that the Federal Highway Administration's record
of decision was made April 6, 2007.
Rte. 11/460 (West Main St). Ms. Becher advised that the County
continues to support the ongoing design for improvements in this important commercial
and residential development area. Improvements will provide an increase in the level of
service, bringing it up to standards required for the expected growth. She reported that
the design has been approved by VDOT, and VDOT is in the process of acquiring the
right of way.
Rte. 221 (Bent Mtn Rd). Ms. Becher advised that this project was
removed from the SYIP but was reinstated in FY 2005-2006. The residential
development that has occurred/expected to occur within this area will place additional
demands on the road system that is currently providing an inadequate level of service;
October 23, 2007
977
safety issues need to be addressed. She reported that currently no construction funds
are allocated.
Safety/Mobility Improvements for Rte 220. Ms. Becher advised that the
County supports continued funding of safety and mobility improvements and crossover
closures and desire the continuance of that work. She added that the first phase is
complete.
Supervisor Wray requested that the second part of this project be included
here since the next part of the project was to be paid for with any funds remaining when
the first part was completed.
There was a general discussion of the projects on the list as well as sites
that may need to be included in the program in the future.
Ms. Becher reviewed the list of projects that are not included in the FY
2007 -2008 VDOT SYIP that County staff and Board of Supervisors have identified as
extremely important to the continued growth of Roanoke County and/or for safety
improvements. She also reviewed the list of projects that are not included in the FY
2007-2008 VDOT SYIP that County staff and Board of Supervisors feel deserve
consideration for spot improvements.
Liz Belcher, Roanoke County Greenway Coordinator, advised that the
VDOT hearing would also cover enhancement grants for greenway projects and that the
County has applied for two enhancement grants. She requested that language be
978
October 23, 2007
added to the resolution in support of funding for enhancement grants and to
demonstrate that greenways are a priority for Roanoke County.
Supervisor Wray moved to adopt the resolution with Route 220 safety
enhancements revised as discussed and support for Roanoke River Greenway
enhancements grants added. The motion carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 102307-5 REQUESTING THE VIRGINIA DEPARTMENT
OF TRANSPORTATION, VDOT, TO CONTINUE FUNDING PROJECTS
CURRENTLY IDENTIFIED IN THE FISCAL YEAR 2007-2008 VDOT SIX-
YEAR IMPROVEMENT PROGRAM AND TO ADOPT THE PRIORITIZED
LIST OF INTERSTATE AND PRIMARY ROAD PROJECTS HEREIN
IDENTIFIED AS "NOT INCLUDED IN THE FISCAL YEAR 2007-2008
VDOT SIX-YEAR IMPROVEMENT PROGRAM" FOR INCLUSION INTO
THE FISCAL YEAR 2009-2014 SIX-YEAR IMPROVEMENT PROGRAM
WHEREAS, the Six-Year Improvement Program is the Commonwealth
Transportation Board's plan for identifying funds anticipated to be available for highway
and other forms of transportation construction; and
WHERAS, this program is updated annually to assist in the allocation of federal
and state funds for interstate and primary roads.
BE IT RESGL VEO by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following projects identified as "included in the Fiscal Year 2007-
2008 VOGT Six-Year Improvement Program" are recommended for
continuance of funding for the planning and construction of said projects.
.:. Interstate 73 - In a letter dated June 3, 2001, the Board of
Supervisors encouraged VOGT to work closely with the impacted
citizens to address their concerns and mitigate any negative impacts to
them. This is in addition to resolution 120500-2 passed Oecember 5,
2000, reaffirming the Board's support for 1-73.
.:. Interstate 81 - Roanoke County continues to support VOGTs
proposed plan to widen 1-81 from its present four lanes. We look
October 23, 2007
979
forward to continuing our partnership with VDOT to develop regional
cooperation for storm water detention facilities, potential utility
crossings, and other design issues that could impact Roanoke
County's future.
.:. Rte. 11/460 (West Main StJ - From: Salem City limits to: 0.10 mi west
Rte 830, Technology Dr. - Roanoke County continues to support the
ongoing design for improvements in this important commercial and
residential development area. Improvements will provide an increase
in the level of service, bringing it up to standards required for the
expected growth.
.:. Rte. 221 (Bent Mtn RdJ - From: Rte 735, Coleman Rd. to: Rte 688
Cotton Hill Rd. - This project had been removed from the Six-Year
Improvement Program but was reinstated in FY 05-06. The residential
development that has occurred/expected to occur within this area will
place additional demands on the road system that is currently
providing an inadequate level of service.
.:. Bridae Replacement Rte. 116 (Jae Vallev Rd.J over Back Creek-
The VDOT Salem Residency has notified staff that the bridge over
Back Creek is in need of repair, and we wish to offer our support for
improvements to the approaches and bridge replacement.
.:. Rte. 220 Safety/Mobility Improvements - We continue to support the
safety and mobility improvements along Route 220, and we look
forward to the implementation of Phase II.
2. That the following projects identified as "not included in the Fiscal Year
2007-2008 VDOT Six-Year Improvement Program" have been identified,
prioritized, and selected by the Board of Supervisors as extremely
important to the growth of Roanoke County and/or for safety
improvements and are requested to be included in the Fiscal Year 2009-
2014 VDOT Six-Year Improvement Program.
1. Rte. 221 (Bent Mtn RdJ - From: Rte 688 (Cotton Hill Rd) to: Rte 752
(Old Mill Road) - Portions of the Rte 221 corridor have been funded for
Preliminary Engineering. Roanoke County is requesting Right-of-Way
and Construction funding for the extension of the project to extend to
the base of Bent Mountain. The much needed improvement project is
due to increasing residential demands on the corridor.
980
October 23, 2007
2. Rte. 11 (Williamson Rd) - From: Rte 117 (Peters Creek Rd) to:
Roanoke City limits - Now that Rte 11 has been widened from
Plantation Road to Hollins College, this particular section of three-lane
road remains to be improved. Additionally, the existing bridge over
Carvins Creek does not meet current standards, and the alignment of
Florist Road with Rte 11 creates additional congestion and safety
concerns. The existing section of road, 1.52 miles in length, is
currently a three-lane road with the center lane used for turning
movements. Ninety percent of the tracts adjacent to Williamson Road
are developed for commercial use.
3. Rte. 115 (Plantation Rd) - From: Roanoke City limits to: Rte. 11
(Williamson Rd) - This two-lane section of Plantation Road is
approximately 2.43 miles in length with numerous secondary road
connections. If full funding were not available, various spot
improvements, such as turn lanes, alignment and grade improvements
would help with safety issues. Additional land is available along the
road for future development, which will increase traffic and construction
costs in the future.
4. Rte. 220 (Franklin Rd) - From: Rte 419 (Electric Rd) to: Franklin Co.
line - Increasing commercial and residential development and
commuter traffic have placed transportation demands on this corridor.
Additional lanes, turn lanes, improved vertical alignment, and/or spot
improvements are needed.
5. Rte. 116 (Jae Vallev Rd) - From: Roanoke City limits to: Franklin Co.
line - This road is serving the growing commuter traffic from Franklin
County and recreational traffic to Smith Mountain Lake. We need to
provide safety and capacity to its users (Note: there is funding for the
bridge on Rte 116 in FY 05-06; however need road improvements as
well).
6. Rte. 460 (Challenaer Ave) - From: Roanoke City limits to: Botetourt
Co. line - The continued residential, commercial, and industrial growth
within this corridor has increased traffic demands.
7. Rte. 419 (Electric Rd) - From: Salem City limits to: Roanoke City
limits (US 220) - The need is based on existing traffic volumes, current
and anticipated economic development, and accident history. Could
focus on operational improvements (e.g. turn lanes, signal
coordination, etc.) from Salem City limits to Rte 221; need to add
October 23, 2007
981
capacity from Rte 221 to US 220.
8. Rte. 311 (Catawba Vallev Road) - From: Rte. 419 (Electric Road) to:
Craig Co. Line - The increasing commercial and residential
developments and commuter traffic have placed transportation
demands on this corridor. Because of the scenic beauty of this
corridor, it has become a major corridor for bicyclists. Additional
widening of the travel lanes and shoulders and additional turn lanes
are needed.
3. That the following projects identified as "not included in the Fiscal Year
2007-2008 VDOT Six-Year Improvement Program" are recommended for
spot improvements and for inclusion in the Fiscal Year 2009-2014 VDOT
Six-Year Improvement Program.
.:. Route 419 (Electric Road) - Intersection improvements throughout
corridor
.:. Route 118 (Airport Road) - Construct left-turn lane at intersection
with Rte. 623 (Dent Rd.)
.:. Route 24 (Washinaton Avenue) - Improvements at the intersection
of William Byrd High School
.:. Route 311 (Catawba Vallev Road) - Construct left-turn lane at
intersection with Route 864 (Bradshaw Road - Mason's Cove area)
4. The Board supports enhancement grants for the Roanoke River
Greenway project.
On motion of Supervisor Wray to adopt the resolution with Route 220 safety
enhancements revised as discussed and support for Roanoke River Greenway
enhancement grants added, and carried by the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
982
October 23, 2007
INRE:
FIRST READING OF ORDINANCES
1. First readina of an ordinance conveyina the former Public Safety
Center to the Roanoke County School Board (Paul M. Mahoney.
County Attorney)
Mr. Mahoney advised that this ordinance authorizes the conveyance of the
former Public Safety Building including approximately 3.723 acres to the School Board.
Mr. Mahoney reported that on July 15, 2004, Chairman Flora and
Chairman Canada executed a memorandum of understanding between the Board of
Supervisors and the School Board to cooperate in the provision of a site for a new
Public Safety Building in exchange for the then current Public Safety Building.
Mr. Mahoney advised that the Board of Supervisors acquired this property
from the School Board by deed dated October 15, 1990, and recorded in Deed Book
1337, page 1345. He stated that this deed conveyed two parcels to the Board of
Supervisors; one parcel of 2.281 acres and one parcel of 3.723 acres. He added that in
August 1992, the Board conveyed the 2.281 acre parcel to the Virginia Public Building
Authority for the state forensics lab.
Mr. Mahoney requested that the Board approve this ordinance at first
reading and proceed to the second reading on November 13, 2007
Supervisor Flora moved to approve the first reading and set the second
reading for November 13, 2007. The motion carried by the following recorded vote:
October 23, 2007
983
AYES:
NAYS:
Supervisors Wray, Church, Altizer, Flora, McNamara
None
2. First readina of an ordinance to accept! donation of 89.82 acres
on Read Mountain from Alfred and Beth Durham. (Janet Scheid.
Planner)
Ms. Scheid advised that in 2002, Dr. and Mrs. Durham donated a
conservation easement on 89.82 acres located on Read Mountain to the Western
Virginia Land Trust. She reported that this property is visible from the Blue Ridge
Parkway and the Read Mountain Overlook and includes the upper slopes of the
southern side of Read Mountain extending to the ridgeline. She stated that this
conservation easement will forever protect this scenic viewshed for the public good.
Ms. Scheid advised that the Durhams are offering to donate the fee simple
ownership of this property to Roanoke County for public park purposes. She further
advised that the conservation easement that encumbers the property does not allow
any further subdivision of the property. She reported that the easement expressly
states that the property can be used as a public park and that non-residential
outbuildings incidental to the use of the property as a park are allowed; however, no
building or structure can be built within 100 feet in elevation from the ridge line. She
noted that this donation will add open space acreage to the County's inventory which as
pointed out in the recent Parks Master Plan, is needed.
984
October 23, 2007
Ms. Scheid reported that generous, civic-minded efforts by private
corporations and citizens such as Dr. and Mrs. Durham assist the County in its efforts to
protect open spaces, mountainsides, and ridgetops. She added that by forming a
partnership with Roanoke County and the Western Virginia Land Trust, the Durhams
have proven their commitment to protect the County's natural resources now and
forever.
Ms. Scheid advised that staff recommends acceptance of the donation of
89.82 acres from Dr. Alfred and Mrs. Beth Durham
Supervisor Flora moved to approve the first reading and set the second
reading for November 13, 2007. The motion carried by the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
3. Reauest to authorize the emeraencv relocation of the Northside
votina precinct pollina place from Northside Hiah School to the
former Public Safety Center at 3568 Peter's Creek Road, Catawba
Maaisterial District. (Judith Stokes, General Reaistrar)
0-102307-6
Ms. Stokes advised that voters in the Northside voting precinct of the
Catawba Magisterial District usually cast ballots in the auditorium lobby of Northside
High School; however, this area of the school is still undergoing renovation, and the
County needs to relocate this polling place for the November 6,2007, election.
October 23, 2007
985
Ms. Stokes further advised that the School administration and personnel
at Northside have made great efforts to accommodate the County and have been
working diligently with the Registrar's office to find an alternative location for the polling
place. She reported that the ongoing construction within and at the entrance to
Northside High School has made it difficult to find an adequate space inside the school.
She stated that Northside High has offered the use of a trailer adjacent to the school;
however, staff has determined that the trailer will not adequately serve the needs of
voters or poll workers due to space restrictions, the lack of restrooms inside the trailer,
and covered areas for citizens waiting in line to vote in case of inclement weather.
Ms. Stokes advised that the Registrar is requesting that the Board
authorize the emergency relocation of the Northside voting precinct polling place from
Northside High School to the former Public Safety Center at 3568 Peters Creek Road
(also known as former Southview Elementary School). She further advised that this
facility is located only a short distance from Northside High School and offers additional
space for voters and elections staff, areas for waiting, and on-site restroom facilities.
Ms. Stokes reported that all individuals registered to vote in the Northside
voting precinct will be notified in writing of the change of location immediately upon
Board approval of this measure, an official notice will be published in the Roanoke
Times, and information about the change will be posted on the County's website. She
added that additional signage will be posted on Election Day, and County staff will be
present at Northside High School throughout the day to redirect voters to the former
986
October 23, 2007
Public Safety Center. She stated that the Registrar has contacted all candidates for
Supervisor and School Board in the Catawba Magisterial District to ensure that they are
aware of the change.
Ms. Stokes advised that the cost of mailing relocation notices to voters
and publication of the notice in the Roanoke Times can be paid from the Elections
budget. She requested that the second reading be dispensed with and the ordinance
be adopted as an emergency measure.
There was no discussion on this item.
Supervisor Church moved to approve the first reading, waive the second
reading upon a four-fifth (4/5th) vote of the Board and adopt the ordinance as an
emergency measure. The motion carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
ORDINANCE 102307-6 AUTHORIZING THE EMERGENCY
RELOCATION OF THE NORTHSIDE VOTING PRECINCT
WHEREAS, Section 24.2-310 D of the Code of Virginia, 1950, as amended,
provides that if a polling place becomes inaccessible due to an emergency, that the
electoral board shall provide an alternative polling place subject to the prior approval of
the State Board of Elections; and
WHEREAS, Section 24.2-307 of the Code of Virginia, 1950, as amended,
mandates that the governing body of each county shall establish the polling place for
each precinct in that jurisdiction by ordinance; and
WHEREAS, the Northside High School building has recently become unavailable
for use as a polling place for the November 6, 2007, election due to problems with the
renovations to this building; and
WHEREAS, the former Public Safety Building (formerly the Southview
Elementary School) at 3568 Peters Creek Road is available to serve as the new polling
place for the Northside precinct; and
October 23, 2007
987
WHEREAS, an emergency exists due to the urgent need to notify voters in the
Northside precinct of the new location of their polling place which necessitates the
adopting of this ordinance on an emergency basis in accordance with the Roanoke
County Charter; and
WHEREAS, the first reading of this ordinance was held on October 23, 2007; and
the second reading of this ordinance has been dispensed with, since an emergency
exists, upon a 4/5ths vote of the members of the Board.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That an emergency exists due to the sudden unavailability of the
Northside High School as the polling place for the Northside precinct of the Catawba
Magisterial District of Roanoke County.
2. That the former Public Safety Building at 3568 Peters Creek Road is
hereby designated as the polling station for the Northside precinct, Catawba Magisterial
District for the November 6,2007, election.
3. That the General Registrar for the County of Roanoke, Virginia, is hereby
authorized to take all measures necessary to comply with Virginia law and regulations
regarding a change in a polling precinct and for reasonable notification to the voters of
the Northside precinct of this change in their polling location.
4. That the County Administrator and the General Registrar are hereby
authorized and directed to take such others actions as may be necessary to accomplish
the intent of this ordinance.
5. That this ordinance shall take effect immediately. The first reading of this
ordinance was held on October 23 2007; and the second reading of this ordinance has
been dispensed with since an emergency exists, upon a 4/5ths vote of the members of
the Board.
On motion of Supervisor Church to approve the first reading, waive the second
reading upon a four-fifth (4/5th) vote of the Board and adopt the ordinance as an
emergency measure, and carried by the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
INRE:
APPOINTMENTS
.L Capital Improvement Proaram (CIP) Review Committee
(Appointed ~ District)
Chairman McNamara advised that the following one-year terms expired on
August 31, 2007: (1) King Harvey, Catawba District; (2) James T. Anderson, Cave
988
October 23, 2007
Spring District; and (3) Brian Garber, Windsor Hills District. He reported that
Mr. Anderson has advised that he does not wish to serve an additional term.
2. Grievance Panel
Chairman McNamara advised that the three-year term of Lee Blair expired
on October 10, 2007. Chairman McNamara requested that the Clerk contact Lee Blair
to determine if she is interested in serving an additional term provided Ms. Blair is
eligible for reappointment. He stated that if Ms. Blair is not eligible for reappointment,
the Clerk is directed to contact Human Resources for a recommendation.
INRE:
CONSENT AGENDA
R-102307-7
Supervisor McNamara moved to adopt the consent resolution. The
motion carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 102307-7 APPROVING AND CONCURRING IN CERTAIN
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM H - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for October
23, 2007, designated as Item H - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 2 inclusive, as follows:
1. Approval of minutes for September 25, 2007
2. Resolution of appreciation to Sherry B. Pearson, Library Services, upon her
retirement after fourteen years of service
October 23, 2007
989
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 resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
RESOLUTION 102307-7 .a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO SHERRY B.
PEARSON, LIBRARY SERVICES, UPON HER RETIREMENT AFTER
FOURTEEN YEARS OF SERVICE
WHEREAS, Sherry B. Pearson was employed by Roanoke County on
September 13, 1993, by Library Services; and
WHEREAS, Ms. Pearson retired from Roanoke County on October 1, 2007, as
Vinton Branch Librarian, after fourteen years and one month of service; and
WHEREAS, through her professionalism, excellent customer service, and
selfless dedication, Ms. Pearson ensured that the Vinton Library became an outstanding
resource for its patrons; and,
WHEREAS, Ms. Pearson was a trusted advisor to her colleagues and a patient
and wise mentor to her staff; and
WHEREAS, Ms. Pearson was a generous supporter and enthusiastic proponent
of countless library and community festivals, events, and celebrations; and
WHEREAS, Ms. Pearson, through her employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to SHERRY B. PEARSON for fourteen 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.
990
October 23, 2007
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
INRE:
REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Continaencv
4. Accounts Paid = September 2007
5. Statement of expenditures and estimated and actual revenues for
the month ended September 30, 2007
6. Claims activity for the self-insurance proaram for the period
ended September 30, 2007
7. Proclamation sianed ~ the Board
INRE:
CLOSED MEETING
At 4:37 p.m., Supervisor McNamara moved to go into closed meeting
pursuant to the Code of Virginia Section 2.2-3711.A (29) discussion of the award of a
public contract with Franklin County and the Western Virginia Water Authority for the
Route 220 waterline, involving the expenditure of public funds and discussion of the
October 23, 2007
991
terms or scope of such contract, where discussion in open session would adversely
effect the bargaining position or negotiating strategy of the County. The motion carried
by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
Chairman McNamara advised that Supervisor Wray was abstaining from
participation in the closed meeting.
INRE:
CLOSED MEETING
The closed meeting was held from 4:52 p.m. until 5: 1 0 p.m.
INRE:
CERTIFICATION RESOLUTION
R-1 02307-8
At 7:00 p.m., Supervisor McNamara moved to return to open session and
adopt the certification resolution. The motion carried by the following recorded vote:
AYES: Supervisors Church, Altizer, Flora, McNamara
NAYS: None
ABSTAIN: Supervisor Wray
RESOLUTION 102307-8 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.
992
October 23, 2007
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
INRE:
PUBLIC HEARING AND ADOPTION OF RESOLUTION
1. Public hearina and resolution to amend the Roanoke County
Community Plan to include the 2007 update to the Greenwav
Conceptual Plan. (Janet Scheid. Planner)
R-102307-9
Ms. Scheid advised that in 2005, the Greenway Commission decided to
update the 1995 Greenway Conceptual Plan and sought assistance from the Roanoke
Valley-Alleghany Regional Commission. She reported that the driving force behind the
update was a desire to look at how the process of building greenways might be
improved. She stated that the Greenway Commission and Regional Commission
decided that the update should include the prioritization of the routes included in the
1995 plan and an organizational assessment examining the roles and responsibilities of
the Commission's various partners.
October 23, 2007
993
Ms. Scheid advised that a steering committee of local staff and partners
was formed to address the task of updating and prioritizing the routes. She reported
that this document, the 2007 Update to the Roanoke Valley Conceptual Greenway Plan,
is the result of the steering committee's work and public input received throughout the
process. She stated that a consultant was hired to address the task of assessing the
organization and recommending improvements to the way in which the Greenway
Commission operates and the partners interact.
Ms. Scheid reported that as a result of the public input and staff analysis,
the focus for the next five years will the completion of the Roanoke River Greenway.
She added that secondary priorities will be those north-south routes that are already
development and that provide connections from the Roanoke River Greenway to other
public lands. She reported that the goal is to finish these greenways in five to ten years
and that other routes will be pursued only as opportunities arise.
Ms. Scheid advised that the fourteen-mile section of the Roanoke River
Greenway located in Roanoke County will require approximately $11,597,420 to
complete. She further advised that funding will be requested through the CIP process
and coordinated through Parks and Recreation. She reported that Parks and
Recreation will be requesting design engineering money for the eastern section of the
Roanoke River Greenway from the wastewater treatment plant to Explore Park.
Ms. Scheid advised that staff is requesting that the Board hold a public
hearing on October 23, 2007, and adopt a resolution to amend the Roanoke County
994
October 23, 2007
Community Plan to include the 2007 Update to the Roanoke Valley Conceptual
Greenway Plan
There were no citizens present to speak on this item and there was no
discussion.
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
RESOLUTION 102307-9 APPROVING AND ADOPTING AMENDMENTS TO
THE ROANOKE COUNTY COMMUNITY PLAN TO INCLUDE THE 2007
UPDATE TO THE ROANOKE VALLEY CONCEPTUAL GREENWAY PLAN
WHEREAS, the 1995 Conceptual Greenway Plan was adopted by the City of
Roanoke, Roanoke County, City of Salem, and Town of Vinton, and
WHEREAS, the Roanoke Valley Greenway Commission determined that it was
time to update the 1995 plan and sought assistance from the Roanoke Valley-Alleghany
Regional Commission, and
WHEREAS, a grant was obtained from the Virginia Department of Transportation
to help fund the project and a steering committee was set up with representatives from
the four localities, and
WHEREAS, two public meetings were held to gather citizen input, surveys were
conducted, and personal interviews were held with stakeholders to receive comments
on priorities for the 2007 update, and
WHEREAS, the 2007 update to the Roanoke Valley Conceptual Greenway Plan
recommends that focus be placed on finishing the Roanoke River Greenway in the next
five years and developing north/south connections to the Roanoke River Greenway over
the next ten years, and
WHEREAS, the Roanoke Valley Greenway Commission recognizes that
implementation of the 2007 update will require continued cooperation among the many
partners and that development of any specific greenway will require approval by the
local governing body and a determination by the local governing body to allocate
funding to that project, and
WHEREAS, the Greenway Commission approved the 2007 update to the
Roanoke Valley Conceptual Greenway Plan on June 27, 2007, and the Roanoke
October 23, 2007
995
County Planning Commission held a public hearing on the 2007 update August 7, 2007,
and approved a resolution supporting the 2007 update on October 16,2007, and
WHEREAS, the Roanoke County Board of Supervisors recognize the important
role that greenways play in a community's quality of life and that: (1) greenway trails
provide alternative transportation modes lessening the dependence on automobiles;
(2) that greenways strengthen the local economy by increasing property values by
attracting businesses that are concerned with quality of life for employees and by
creating an outdoor recreation environment where young professionals want to work
and live; (3) that greenways provide free facilities for all age groups to exercise and
encourage active living by design which can help improve citizens' health; and (4) that
greenways preserve existing natural resources and enhance the environment through
expansion of the tree canopy, protection of riparian buffers that reduce stormwater
runoff, and provide for continuous habitat for plants and wildlife.
NOW, THEREFORE BE IT RESOLVED, by the Roanoke County Board of
Supervisors that the Roanoke County Community Plan be amended to include the 2007
update to the Conceptual Greenway Plan in so far as this is consistent with the
Community Plan.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
INRE:
PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1.:. Continued until November 13. 2007. at the reauest of the Plannina
Commission. Second readina of !!! ordinance to rezone 1.421
acres from R-3. Medium Density Multi-Familv Residential District.
to C-2. General Commercial District. for the operation of an
extended stav hotel. located near the intersection of Hershberaer
Road and Oakland Boulevard. Hollins Maaisterial District. upon
the petition of Auslo. Inc. (Philip Thompson. Deputy Director of
Plannina)
996
October 23, 2007
Chairman McNamara advised that this item has been continued until
November 13,2007, at the request of the Planning Commission.
2. Second readina of ordinance to rezone 0.804 ~ from R-2.
Medium Density Residential District. to C-1. Office District. for the
construction of an office buildina. located !!!!!: the intersection of
Pleasant Hill Drive and Route 221. Windsor Hills Maaisterial
District. upon the petition of Kenneth S. Gusler. Jr. (Philip
Thompson. Deputy Director of Plannina)
0-102307-10
Mr. Thompson advised that Kenneth S. Gusler, Jr. is requesting to rezone
0.804 acres located at 4806 Pleasant Hill Drive from R-2, Medium Density Residential,
District to C-1, Office, District with the intention of constructing a two-story, 8,000 square
foot office building. He stated that the site is provided with public water and sewer.
Mr. Thompson reviewed the zoning of the properties adjacent to the site.
He stated that the Roanoke County Comprehensive Plan designates this site as
Neighborhood Conservation and that the site is adjacent to a frontage site designated
Transition. He stated that the proposed rezoning petition does not conform to the
Neighborhood Conservation future land use designation; however, the adjoining site is a
Transition future land use designation area, and the proposed use on this adjoining
parcel does conform to this designation.
October 23, 2007
997
Mr. Thompson reported that a community meeting was held on September
6, 2007, to present the project to the neighbors and approximately 8 to 10 citizens
attended. He noted that questions and concerns were raised about traffic, buffering,
landscaping, type of business, and potential crime and/or loitering.
Mr. Thompson advised that the Planning Commission recommended
approval of the rezoning request with seven proffered conditions.
Mr. Thompson reviewed the proffered conditions. He advised that the
applicant agrees that there will be no entrance or exit to the site from Lange Lane and that
there will be no exterior site lighting other that the lights on the building to provide light at
the front and rear entrances.
David Helscher, attorney for the petitioner, advised that he was here on
behalf of Mr. Gusler who was also present. He reported that the summary of the project
was accurate including his client's efforts to work with the community on the project.
In response to an inquiry from Supervisor Wray, Mr. Helscher advised that
the proposed hours of operation are 9:00 a.m. until 5:00 p.m. which should not impact
the nearby school. He added that the types of businesses would be similar to those in
the existing business park and would have low traffic impact.
Supervisor McNamara inquired if the petitioner understood that the project
should be constructed in substantial conformance with the adjacent business park and
the petitioner advised that he did.
998
October 23, 2007
Supervisor Altizer inquired if the petitioner understood that the language of
Proffers 2 and 6 was specific and that he would need to comply with these proffers
exactly and the petitioner responded in the affirmative.
There were no citizens present to speak on this item and there was no
discussion.
Supervisor McNamara moved to adopt the ordinance with the proffered
conditions. The motion carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
ORDINANCE 102307-10 TO REZONE 0.804 ACRES FROM R-
2, MEDIUM DENSITY RESIDENTIAL DISTRICT, TO C-1,
OFFICE DISTRICT, IN ORDER TO CONSTRUCT A 2-STORY,
8000 SQUARE FOOT OFFICE BUILDING LOCATED AT 4806
PLEASANT HILL DRIVE (TAX MAP NO. 86.08-4-13.1),
WINDOR HILLS MAGISTERIAL DISTRICT UPON THE
APPLICATION OF KENNETH S. GUSLER, JR.
WHEREAS, the first reading of this ordinance was held on September 25, 2007,
and the second reading and public hearing were held October 23, 2007; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on October 2,2007; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing
0.804 acres, as described herein, and located at 4806 Pleasant Hill Drive (Tax Map
Number 86.08-4-13.1) in the Windsor Hills Magisterial District, is hereby changed from
the zoning classification of R-2, Medium Density Residential District, to the zoning
classification of C-1, Office District.
2. That this action is taken upon the application of Kenneth S. Gusler.
October 23, 2007
999
3. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia,
hereby accepts:
(1.) The subject property will be developed in substantial conformance
with the submitted concept plan prepared by Lumsden Associates PC and dated
October 2, 2007, subject to those changes that may be required by Roanoke
County during site plan review.
(2.) The office building that is proposed for the site will be constructed
with the same architectural design and materials as the existing office building on
the adjoining property located at 4800 Pleasant Hill Drive (Titan Park I).
(3.) A treated wood fence six feet in height will be built along the westerly
boundary line where the site adjoins residential property. Landscape plantings (type
B buffer, option no. 2) will be installed as a part of the project. The fence will be
oriented with the finished side facing the adjoining parcel. The same fence will also
be built along the rear boundary together with a 30' wide buffer strip.
(4.) Applicant agrees that there will be no entrance or exit constructed to
the site from Lange Lane.
(5.) There will be no exterior site lighting other that the lights on the
building to provide light at the front and rear entrances.
(6.) Applicant proposes to build an unlighted sign, 7.5' x 15' of the
identical appearance and materials as the existing sign located at 4800 Pleasant
Hill Drive.
(7.) Applicant agrees that no dumpster will be placed on this site. The site
will utilize the existing dumpster on the 4800 Pleasant Hill Drive lot adjoining the
site.
4. That said real estate is more fully described as follows:
0.804 acre located at 4806 Pleasant Hill Drive also known as Tax Map No. 86.08-4-13.1
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor McNamara to adopt the ordinance with the proffered
conditions, and carried by the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
3. Second readina of an ordinance authorizina the vacation of !! 30
foot access and water line easement located upon portions of
Samuel's Gate Subdivision. Section No. 16. and crossina
1000
October 23, 2007
Crumpacker Drive and Tolman Circle as shown on the plat of
property of .E & W Community Development Corporation. and the
relocation and vacation of ! 30 foot access easement located
upon remainina portion of property of .E & W Community
Development Corporation. located in the Hollins Maaisterial
District. (Paul Mahoney. County Attorney)
0-102307-11
Mr. Mahoney advised that this ordinance will vacate a 30 foot wide access
and waterline easement and also authorize the relocation and acceptance of a
replacement easement. He stated that County staff has reviewed this application
submitted by the developer, F&W Community Development Corporation, with the
Western Virginia Water Authority. He noted that this process and public hearing are
required by State code, and notice was provided as required by status. He reported
that there have been no changes in this ordinance since the first reading. He inquired if
the Board had any questions.
There were no citizens present to speak on this item and there was no
discussion.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
October 23, 2007
1001
ORDINANCE 102307-11 AUTHORIZING THE VACATION OF A 30
FOOT ACCESS AND WATERLINE EASEMENT LOCATED UPON
PORTIONS OF SAMUEL'S GATE SUBDIVISION, SECTION NO. 16,
AND CROSSING CRUMPACKER DRIVE AND TOLMAN CIRCLE AS
SHOWN ON THE PLAT OF PROPERTY OF F & W COMMUNITY
DEVELOPMENT CORPORATION, RECORDED IN PLAT BOOK 30,
PAGE 193, AND THE RELOCATION AND VACATION OF A
30'ACCESS EASEMENT LOCATED UPON REMAINING PORTION OF
PROPERTY OF F &W COMMUNITY DEVELOPMENT CORPORATION
RECORDED IN DEED BOOK 1409, PAGE 241, LOCATED IN THE
HOLLINS MAGISTERIAL DISTRICT
WHEREAS, a 30 foot access and waterline easement for purposes of access to
a water tank was dedicated to the County of Roanoke by deed recorded in Deed Book
1640, page 1942, and by plat for subdivision of property of F & W Community
Development Corporation, recorded in the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, in Plat Book 30, page 193; and,
WHEREAS, the said 30 foot access and waterline easement for purposes of
access to a water tank is shown as crossing various lots of Samuel's Gate, Section No.
16, subdivision and underlying Crumpacker Drive and Tolman Circle, public streets
proposed for acceptance into the Virginia Secondary Road System, all as shown on
"Plat Showing Portion of Existing 30' Access & Waterline Easement (D.B. 1640, PG.
1942) TO BE VACATED Located in Section No. 16, SAMUEL'S GATE AT "THE
ORCHARDS", Situated Along Crumpacker Drive and Tolman Road, Hollins Magisterial
District, Roanoke County Virginia", dated February 28, 2007, prepared by Lumsden
Associates P.C.; and,
WHEREAS, in consultation with the Roanoke County Department of Community
Development and the Western Virginia Water Authority (WVWA), F & W Community
Development Corporation has agreed to the relocation of said 30 foot access and
waterline easement upon its adjoining property, which proposed new easement
location is acceptable to the County's engineers and to WVWA; and,
WHEREAS, the Virginia Department of Transportation (VDOT) has requested
that this easement relocation be accomplished by formal action of the Roanoke County
Board of Supervisors in accordance with Section 15.2-2272 (2), Code of Virginia, 1950,
as amended, in order to permanently vacate that portion of the easement underlying
Crumpacker Drive and Tolman Circle so as to permit the proper acceptance of
Crumpacker Drive and Tolman Circle into the State Secondary Road System; and,
WHEREAS, this formal Board action of vacation will serve to remove potential
title questions affecting potential property owners in Samuel's Gate subdivision, Section
No. 16; and
WHEREAS, the developer, as the Petitioner, has requested that, pursuant to
Section 15.2-2272 of the Code of Virginia (1950, as amended), the Board of
1002
October 23, 2007
Supervisors of Roanoke County, Virginia, vacate the existing 30 foot access and
waterline easement dedicated in Plat Book 30, Page 193, and relocate said easement
as now shown on the attached Exhibits "A" & "B"; and,
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments and WVWA have recommended this easement relocation and
formal vacation; 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 of this ordinance was held on
October 9, 2007, and the second reading and public hearing was held on October 23,
2007.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on October 9, 2007, and a second
reading and public hearing of this ordinance was held on October 23, 2007.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the subject real estate, a 30 foot access and water line easement, is hereby
declared to be surplus and the nature of the interests in real estate renders them
unavailable for other public use.
3. That the 30 foot access and waterline easement, being designated and shown
as "PORTION OF EXISTING 30' A. E. & W.L.E.(DB.1640, PG.1942) BOUNDED BY
CORNERS 1 THRU 21 TO 1 INCLUSIVE WITHIN STREET RIGHTS-OF-WAY TO BE
VACATED" on Exhibit "A" attached hereto, and having been dedicated on the
subdivision plat for F & W Community Development Corporation and recorded in the
aforesaid Clerk's Office in Plat Book 30, page 193, in the Hollins 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 30 foot access easement, being designated and shown as
"EXISTING 30' ACCESS EASEMENT.(DB.1640, PG.1942) TO BE VACATED" on
Exhibit "B" attached hereto, and having been dedicated on the subdivision plat for F &
W Community Development Corporation and recorded in the aforesaid Clerk's Office in
Plat Book 30, page 193, in the Hollins 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.
5. That a new 30 foot access easement substantially in accordance with the
location as shown on "Plat Showing EXISTING 30' ACCESS EASEMENT (D.B. 1640,
PG. 1941) TO BE VACATED across Roanoke County Tax # 040.01-01-04, Botetourt
County Tax # 107-254 & Lots 27 & 28, Section # 16, Samuel's Gate at "The Orchards"
(P.B. 30, PG. 193) and CREATING HEREON A NEW 30' ACCESS EASEMENT Across
Roanoke County Tax # 040.01-01-04, Botetourt County Tax # 107-254 Hollins
Magisterial District, ROANOKE COUNTY, VIRGINIA." shall be dedicated to the County
October 23, 2007
1003
of Roanoke, Virginia, upon the construction of the new 30 foot access easement and
the approval and recording of the aforesaid plat in the Office of the Clerk of the Circuit
Court of Roanoke County, Virginia.
6. That all costs and expenses associated herewith, including but not limited to
publication, survey and recordation costs, shall be the responsibility of the Petitioner.
7. 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.
8. That this ordinance shall become effective upon the completion of
construction of the new access easement and the prior recording of the plat identified as
Exhibit "A" above, 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 Section 5.2-
2272 of the Code of Virginia (1950, as amended).
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
4. Second readina of !n ordinance to obtain! Special Use Permit to
operate! construction yard on 1.87 acres, located at 2914 Jae
Valley Road, Vinton Maaisterial District, upon the petition of
McNeil Asphalt Maintenance, Inc. (Philip Thompson, Deputy
Director of Plannina)
0-102307 -12 - DENIED
Mr. Thompson advised that this is a request for a special use permit
(SUP) for the operation of a construction yard on a 1.87-acre parcel zoned AV
AgriculturalNillage Center located at 2914 Jae Valley Road.
Mr. Thompson advised that the zoning ordinance defines construction
yard as an establishment housing facilities or businesses primarily engaged in
1004
October 23, 2007
construction activities, including outside storage of materials and equipment and that a
typical use would be a building contractor's yard.
Mr. Thompson reported that the owners of the subject property, K.W. and
Nancy McNeil, purchased the site (formerly Jae Valley Automotive) in February 2007
and relocated McNeil Asphalt Maintenance, Inc., from its previous location at 7210
Franklin Road to the subject property. He stated that the existing buildings on the
property include a 1,500 square-foot office and 2,280 square-foot garage with attached
concrete pad. He noted that both buildings are of masonry block construction and one
story in height. He indicated that the structures noted as "tank storage" and "carport"
are recent additions to the property. He added that the parcel is predominantly flat and
gravel covered with one access point off Jae Valley Road.
Mr. Thompson advised that the equipment and vehicles being utilized in
the business include: (1) two 6,000 gallon storage tanks used for asphalt sealer; (2) two
sealer tank trucks; (3) two asphalt pavers; (4) two asphalt rollers; (5) one flatbed truck;
(6) one asphalt tack truck; (7) one skid steer loader; (8) four equipment trailers; (9) three
dump trucks; (10) three pickup trucks; (11) one van; and (11) one forklift.
Mr. Thompson advised that bags of sand are also stored outside. He
reported that latex paint, blocks of rubber, acrylic crack sealant, and 55-gallon drums of
acrylic tennis court sealant are kept inside. He further advised that the applicant has
also identified "Paveshield" asphalt sealer and "Tarconite" coal tar sealer as materials
kept on site.
October 23, 2007
1005
Mr. Thompson advised that the hours of operation will be Monday through
Friday from 8:00 a.m. until 4:00 p.m. with occasional weekend work. The facility is not
open during the winter.
Mr. Thompson advised that all adjoining and most surrounding parcels are
zoned A V AgriculturalNillage Center and that adjacent uses include general (film
processing) and convenience/gas retail (Mount Pleasant Quick Mart) and single family
residential to the south, institutional (Mount Pleasant United Methodist Church) to the
east and single family residential to the north. He added that the Mount Pleasant Fire
and Rescue Station and Brookfield subdivision are located across Jae Valley Road to
the west.
Mr. Thompson further advised that the site is designated Village Center by
the 2005 Community Plan and that Village Centers serve as the commercial and
institutional focal point of surrounding rural residential and farming establishments. He
stated that most commercial and institutional activities in Village Center areas are
designed, scaled, and marketed to best serve the product and service needs of
residents from the surrounding rural areas. He reported that the McNeil property is also
in close proximity to Neighborhood Conservation areas where established single family
neighborhoods are in place and conservation of those existing residential patterns are
encouraged and protected.
1006
October 23, 2007
Mr. Thompson advised that the proposed use is not in conformity with the
surrounding neighborhood or with the Village Center policies and guidelines in the
Community Plan.
Mr. Thompson advised that a community meeting was held on August 20,
2007, and approximately 70 citizens attended. Their concerns included fire prevention,
hazardous materials storage and containment, on- and off-site water quality, localized
flooding during heavy rain events, landscaping particularly along the south boundary,
the permitting process and exactly what materials, equipment, and vehicles are stored
on the subject property.
Mr. Thompson advised that the Planning Commission held a meeting on
September 4, 2007, and three citizens spoke about their concerns. The Planning
Commission recommended denial of the rezoning request.
Ed Natt, attorney for the petitioner, advised the McNeil family was present.
He requested that the Board consider the petitioner's request on the basis that it is
made and make an appropriate decision based on the facts. He stated that
approximately 15 years ago, the McNeils bought a property located at Route 220 as a
location for their business; and when the new zoning ordinance was adopted, this
property was rezoned AgriculturalNillage which required an SUP for their business. He
stated that the McNeils took the necessary steps and were granted an SUP to operate
their asphalt business; however, the McNeils out grew that property and began
searching for a new business location. He advised that when the McNeils decided to
October 23, 2007
1007
purchase the property on Jae Valley Road, they sent their daughter who is a realtor to
the County's Planning Department to find out if their business was an acceptable use at
that location, and she was told by County staff that since a nonconforming business had
been previously located on that property, nonconforming uses were grandfathered. Mr.
Natt advised that prior to closing on the property, the McNeils again contacted the
Planning Department to be sure that their business was an acceptable use for the
property and were again told yes. They contacted the Planning Department again just
before the closing and were again told that their business was an acceptable use. He
reported that the McNeils subsequently found out that an SUP is necessary to operate
their business at the new location. He advised that the McNeils neglected to get the
County staff person's assessment in writing which is why they are petitioning the Board
at this time.
Mr. Natt advised that after the McNeils relocated their business to the Jae
Valley Road property, they attended a neighborhood meeting during which one
neighbor said he was not aware that the business was there. He added that he was
submitting a written statement by the McNeils' realtor to be included in the record.
Mr. Natt reported that the McNeils have three employees on site and
twelve employees off site that come to the site in the morning and return in the evening
or if they need to refill their truck. He stated that the asphalt is stored off site and that
the trucks are cleaned off site. He stated that the property was previously used as a
vehicle repair facility, and he presented a copy of the real estate listing. He provided
1008
October 23, 2007
the Board with an aerial photo of the property demonstrating that there are very few
homes near by and only one or two homes that are adjacent. He reported that although
Brookfield subdivision is nearby, the fire and rescue station is between the subdivision
and the McNeils' property.
Mr. Natt advised that there are four land use issues to be considered:
(1) Stormwater runoff: He reported that the McNeils are not making any improvements
to property so there will be no changes in the runoff from the property. The Planning
Commission and the NcNeils have considered a proffer pertaining to runoff.
(2) Hazardous waste: He reported that there are three basic materials stored on the
property. He advised that the materials are non-toxic, and he distributed the material
safety data sheets for Tarconite, Paveshield, and Dynaflex. He reported that two of the
materials have also been independently analyzed by a local firm and presented the
results of the tests of the Tarconite and the Paveshield stating that the materials are not
hazardous. (3) Precedent: He reported that members of community are concerned that
granting this SUP will set a precedent in the neighborhood. However, SUP's are
granted by the Board which has the right to impose any conditions believed necessary.
There is non-confirming building already on the property that petitioner is not making
any changes to. (4) Compatibility: He reported that one of the major issues is that the
property is zoned AgriculturalNillage which permits contractors yards with an SUP. The
ordinance sets out permitted uses and a contractors yard is listed, so this use is
compatible with conditions. He added that ten years ago, the McNeils received an SUP
October 23, 2007
1009
for the same business in an AgriculturalNillage District. He advised that the point was
raised that this property should not be developed in a non-conforming manner, but the
property is not being developed. He stated that there is not one person who can say
that the property does not look better today than when it was used as a vehicle repair
shop by the previous owner.
Mr. Natt advised he was asking the Board to consider the conditions that
County staff and the Planning Commission have requested and make an impartial land
use decision. He stated that the building is already there and looks better than it did,
and the conditions are proffered that will eliminate the neighbors concerns. He added
that he is not aware that any complaints have been made concerning the operation of
the business. He reported that Mr. McNeil is a small business owner who is asking to
be allowed to operate his business where he has operated without complaints for six
months and where he was told he could operate his business. He advised that this
business is a permitted use in an AgriculturalNillage District with an SUP. He
concluded that he would like the opportunity to respond to any objections presented
tonight.
Supervisor Altizer inquired if the prior business was a non-conforming use,
does that allow non-conforming uses on the property in the future. Mr. Natt responded
that if a use becomes non-confirming as a result of a rezoning, that use is grandfathered
as long as certain conditions are met. Supervisor Altizer inquired if the McNeils'
business was a construction yard. Mr. Natt reported that the Board of Zoning Appeals
1010
October 23, 2007
has determined that it was. Supervisor Altizer stated that since the petitioner had prior
experience with the SUP requirement for his business as a result of a prior rezoning in
an AgriculturalNillage District and since the petitioner was going from one situation to
the same situation and inquired three times about the permitted uses on the property he
was purchasing shows that the petitioner knew something was wrong. Mr. Natt
responded that if the petitioner had asked for the County's opinion in writing, he would
not be here today. He added that his firm had not handled the closing for the petitioner;
it had only prepared the deed for the seller. He stated that David Helscher handled the
closing for the buyer.
Supervisor Altizer inquired if Mr. Natt felt that the business was compatible
with the community plan. Mr. Natt responded that the business is a permitted use and
is a better fit than a convenience store since the business functions as an office
throughout most of the day.
Larry Bartlett, 3005 Valleyfield Drive, stated that he is on the Board of
Directors of the Brookfield Homeowners Association and speaking for the organization.
He advised that the Association opposes the SUP. He advised that the proposed use is
inappropriate and does not bring a sense of community to the neighborhood nor does it
offer employment opportunities or essential services. He reported that the Mount
Pleasant Community Plan does not allow industrial uses and that granting an SUP
would set a precedent.
October 23, 2007
1011
Mike Roop, 3033 Bonsall Lane, advised he is a member of the Mount
Pleasant Civic League, and he reported that the civic league held a meeting in August
2007 to discuss the SUP application. A vote taken that evening was unanimously
against granting SUP. He reported that stormwater runoff, potential environmental
concerns, and the compatibility of the business with community plan were concerns. He
reported that residents feel it is their responsibility to maintain the neighborhood's
uniqueness. He stated that this is a non-conformity issue. He advised that the
members of Mount Pleasant Civic League were requesting that the SUP be denied.
Mr. Natt advised that the McNeils' realtor knew that an SUP was required
in an AgriculturalNillage District and that is why she made three inquiries concerning
the property, and he reported that she would testify to that. He advised that the
business is a permitted use in an AN District with an SUP. The proffered conditions will
ensure that the concerns of the community will be alleviated.
Supervisor Flora advised that although granting an SUP is at the sole
discretion of the Board, just because it happens to be a permitted use does not mean
that the use is appropriate for a given location.
In response to Supervisor Altizer's inquiry, Mr. Thompson reviewed the
definition of a village center under the County's comprehensive plan and the reasons
why an SUP was required for the property in question.
Supervisor Church inquired if County staff had been given the information
pertaining to the material being used or stored on the site to review. Mr. Thompson
1012
October 23, 2007
responded in the affirmative. Supervisor Church advised that while he felt sympathy for
the petitioner's situation, he would have to base his decision on the compatibility of the
business with the surrounding neighborhood.
Supervisor Altizer advised that although the situation was unfortunate, he
could not support granting the SUP and would recommend denying the SUP. He stated
that this is a land use decision. He added that the subject property and the adjoining
properties are designated as Village Center and this use does not fit that designation.
Supervisor Altizer motion to deny the SUP. The motion carried by the
following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
ORDINANCE 102307-12 DENYING GRANTING A SPECIAL USE
PERMIT TO OPERATE A CONSTRUCTION YARD ON 1.87 ACRES
LOCATED AT 2914 JAE VALLEY ROAD (TAX MAP NO. 79.01-4-22)
VINTON MAGISTERIAL DISTRICT, UPON THE PETITION OF MCNEIL
ASPHALT MAINTENANCE, INC.
WHEREAS, McNeil Asphalt Maintenance, Inc. has filed a petition for a special
use permit to operate a construction yard on a 1.87 acre parcel located at 2914 Jae
Valley Road (Tax Map No. 79.01-4-22) in the Vinton Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
September 4, 2007; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on August 28, 2007; the second reading and public hearing on
this matter was held on October 23,2007.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
On motion of Supervisor Altizer to deny the special use permit, and carried by the
following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
October 23, 2007
1013
INRE:
RECESS
Chairman McNamara declared a recess from 8:25 p.m. until 8:35 p.m.
5. Second readina of an ordinance to rezone 2.917 acres from 1-1 C.
Industrial District with Conditions. to C-2. General Commercial
District with Conditions. for the construction of an administrative
services buildina. located !!!.!!: the intersection of Valleypointe
Parkway and Valleypark Drive. Catawba Maaisterial District. upon
the petition of Timberbrook Properties !!L LLC. (Philip Thompson.
Deputy Director of Plannina)
0-102307-13
Mr. Thompson advised that in October 1987, the Roanoke County Board
of Supervisors rezoned approximately 52 acres from A-1, Agricultural District, to M-1,
Light Industrial District, for the purpose of a light industrial (mixed-use) park. He
reported that the Board approved a special exception for office and commercial
development. He further advised that the petitioner, Lingerfelt Development
Corporation, offered ten proffers as part of a 1987 rezoning request which was
approved, and Timberbrook Properties III, LLC, is offering to carry over the first seven
proffers from the 1987 rezoning. He stated that the other three proffers deal with
stormwater management for the entire park, lighting on the northwest portion of the
industrial park near residential uses, and the primary access to the property being from
Peters Creek Road. He stated that in 1992 the property was rezoned from M-1, Light
1014
October 23, 2007
Industrial District, to 1-1, Industrial District, as part of the County's comprehensive
rezoning process.
Mr. Thompson reported that the Virginia Department of Motor Vehicles
(DMV) is currently located in Crossroads Mall; however, its lease ends during the
summer of 2008 and the agency is looking to relocate its operation. He advised that the
DMV has ranked this property as its top site to relocate. He further advised that the
DMV will relocate and open its new Customer Service Center by late-summer 2008. He
reported that the petitioner would develop the site and then enter into a long-term lease
with DMV.
Mr. Thompson advised that the properties along Valleypark Drive to the
north and to the west are zoned 1-1 C, Industrial District with conditions, and contain
office uses in one story brick buildings, properties to the south are zoned 1-1 C and
contain office and industrial uses (service garage and truck terminals). He reported that
the Roanoke Regional Airport Commission owns the vacant property to the east which
contains the airport's north clear zone, and this property is zoned R-1, Low Density
Residential. He stated that the remaining properties in Valleypointe are zoned 1-1C and
contain light manufacturing uses or are vacant.
Mr. Thompson reported that the site has been previously graded and is
therefore fairly flat. He noted that the elevation of the property is highest along
Valleypark Drive (1220 feet above sea level) and drops slightly in elevation (4 feet) over
approximately 150 feet from north to south; the last 60 feet along the southern property
October 23, 2007
1015
line drops off more dramatically from an elevation of 1216 feet to 1194 feet. He added
that except for some street trees along Valleypointe Parkway, the property contains no
trees/wooded areas.
Mr. Thompson stated that the one-story building will be brick with a
pitched roof and that the architectural design and materials of the proposed building are
similar to the existing office uses along Valleypark Drive. He advised that there is an
architectural review board that will review the plans.
Mr. Thompson advised that two entrances are proposed off of Valleypark
Drive with 145 parking spaces being provided (100 for customers; 45 for employees),
concrete sidewalks are shown along all four sides of the proposed building, a dumpster
is proposed in the southwest corner of the parking lot, and one loading space is
provided along the southwest corner of the building. He stated that landscaping will be
provided between parking areas and the public streets (Valleypark Drive and
Valleypointe Parkway), as well as interior parking lot landscaping.
Mr. Thompson stated that a traffic impact analysis (TIA) was conducted by
Mattern and Craig on behalf of the petitioner. He reported that Teresa Becher, County
Transportation Engineering Manager and representatives of VDOT met with Mattern
and Craig prior to their conducting the traffic analysis to review the parameters.
Mr. Thompson advised that the nearest fire station is the Hollins Fire
Station located 2 miles away from the site, and a fire hydrant is located along Valleypark
Drive near the proposed entrances to this facility. He stated that the proposed building
1016
October 23, 2007
is to have a sprinkler system according to the Water/Sewer application, which Fire &
Rescue supports and that two additional fire inspections would be conducted by the Fire
Prevention Division each year. He noted that the property is served by public water and
public sewer, and an existing stormwater management pond exists for the entire park.
Mr. Thompson reported that the future land use designation in the 2005
Community Plan for this property and the Valleypointe Industrial Park is Principal
Industrial which is a future land use where a variety of industry types are encouraged to
locate. He stated that principal Industrial areas are existing and planned regional
employment centers and are distributed throughout the county, convenient to major
residential areas and suitable highway access. He noted that tne of the land use types
included in this designation is industrial parks developed under a unified plan, that are
employment centers which may include mixed land uses including supporting retail
services.
Mr. Thompson further advised that this project is consistent with the future
land use designation and compatible with the goals, objectives, and implementation
strategies listed in the Economic Development Plan component of the Community Plan.
Mr. Thompson stated that at the meeting of the Planning Commission on
October 2, 2007, Mr. Eugene Elliott, Jr., representing Roanoke Valleypointe, LLC (an
adjacent land owner), requested a continuance of the public hearing to allow his client
time to conduct a professional review and analysis of the development's impact.
Mr. Elliott also raised a question about property owner notifications.
October 23, 2007
1017
Mr. Thompson advised that the Planning Commission recommends
approval of the rezoning request to the Board of Supervisors with the proffered
conditions; however, Mr. Azar voted against the motion in order to allow Roanoke
Valleypointe, LLC, time to evaluate the proposed request before taking action.
Mr. Thompson reviewed the proffered conditions:
1 . That the property will be used only for the following uses:
(1) Administrative Services; (2) Day Care Center; (3) Post Office; (4) Safety Services;
(5) Utility Services, Minor; (6) Financial Institutions; (7) General Office; (8) Medical
Office; (9) Laboratories; (10) Business Support Services; and (11) Business or Trade
Schools
2. That no more than 75 percent of the property will be developed for
building and parking uses.
3. That all on-premises signage will be aesthetically pleasing and be
no more than forty square feet in sign face area and no more than eight feet in height.
Outdoor advertising signs (billboards) will be prohibited.
4. That there will be no outdoor storage except under the following
conditions:
a. that it not be visible from the street
b. that it not be higher than the elevation of the building
c. that it not compromise an area greater than 50% of the floor
area of the building
1018
October 23, 2007
d. that it be screened from view with landscaping and/or other
approved screening materials in accordance with the provisions of the Roanoke County
Ordinance.
5. That all utilities be underground.
6. That there will be no on-street parking.
7. That there will be sufficient truck loading spaces designed for each
building site.
Mary Ellen Goodlatte, attorney for the petitioner, reviewed the site plan for
the project located at the intersection of Valleypoint Parkway and Valleypointe Drive.
She reported that Steve Strauss, a principle of Timberbrook, was present to answer
questions. She reported that the DMV would like to relocate its customer service center
to this location; and since the DMV's lease at Crossroads Mall will expire in ten months,
the agency will need to have its new location ready prior to that time. She reviewed the
proffered conditions and the traffic impact study. She reported that the scope of the
traffic study was established in advance by the VDOT and County staff.
Ms. Goodlatte advised that traffic engineers hired by a property owner in
Valleypoint represented by Attorney Mike Pace, will be criticizing the traffic study and
arguing that the impact of mult-gen center necessitates further study. However, the
decision is a land use issue; should this property be down zoned to permit the
development of the DMV customer service center.
October 23, 2007
1019
Ms. Goodlatte advised that Mike Agee of Mattern, and Craig; and Justin
Thomas, Bernie Barker, and Tammie Jones of the DVM; and Tom Dale of Lumsden
Associates, project engineer, were present to answer questions.
Mr. Thomas advised that he is the director of the DMV's planning division.
He stated that he was present to discuss importance of this project to the agency. He
requested that the Board take action so the new DMV operations center will be ready to
open in 2008. He reviewed the operations that the agency plans to locate in the new
facility and the facility's parking requirements. He reported that DMV has demanding
standards concerning safety and accessibility and this site meets these requirements.
He added that the proximity of the site to Peters Creek Road and Interstate 581 IS a
plus.
In response to an inquiry from Supervisor Flora, Mr. Thomas advised that
the existing facility is approximately 16,000 square feet and the new facility will be
approximately 15,000 square feet.
Supervisor Church inquired what effect the agency's future growth would
have on the parking at the new facility. Mr. Thomas responded that the new facility will
be more user friendly so that growth will be modest not only due to the increasing use of
alternative service outlets but also to the facility's built-in efficiencies. He noted that
including the use of the Internet for renewals has doubled in last five years.
Supervisor Church inquired about on-site storage. Mr. Thomas responded
that the agency will not have outdoor storage due to an existing proffer. Ms. Goodlatte
1020
October 23, 2007
advised that the proffer concerning storage was a carry over from the previous rezoning
and that it was left in the proffers to maintain the integrity of Valleypointe Park.
Supervisor Wray inquired about traffic during peak times. Mr. Thomas
reported that research demonstrates that traffic patterns have altered over time so that
there are no longer clearly defined peak times at agency facilities.
In response to Supervisor Wray's inquiry concerning the number of
parking spaces, Mr. Thomas reported that the agency estimated the number of spaces
required for the new facility based on previous usage at other facilities.
Supervisor Altizer inquired how long the term of the lease was and what
the hours of operation would be. Ms. Goodlatte advised that the lease was for fifteen
years. Mr. Thomas reported that the facility would be open from 8:00 a.m. until 5:00
p.m. Monday through Friday and from 8:00 a.m. until 12:00 p.m. on Saturdays.
Mike Pace, Gentry, Locke Rakes, and Moore, advised that he is
representing Harvey Cohen who owns Roanoke Valleypointe LLC and that Roger Elkin
of Hall and Associates and John Holst, a traffic consultant with Anderson Associates in
Blacksburg, Virginia, were also present. Mr. Pace stated that Mr. Cohen's company
owns and operates 150,00 square feet in Valleypointe which represents 88 percent of
the leasable land in the park. He reported that Mr. Cohen has serious concerns about
how the proposed DMV facility may effect his business. He added that parking and
traffic issues will affect Mr. Cohen's property values and negatively impact future leases
in the park. He reported that his client has significant concerns about the Mattern and
October 23, 2007
1021
Craig traffic analysis adding that it did not include DMV employees, the future recreation
center, or the future business park. He stated that the City of Roanoke also has
concerns about the impact the new DMV and recreation center will have on the Peters
Creek Road and its intersection with the business park's entrance.
Mr. Pace advised that there is a concern that overflow parking will impact
Mr. Cohen's facilities or that DMV customers will park on the street creating safety
issues.
Mr. Pace asked that the Board deny the rezoning or request that further
studies be undertaken so that the current and future impact of the new facility can be
clearly determined. He added that the County may feel that the traffic impact of the
recreation center and future business park should not be considered now, but he feels
that it should be.
Mr. John Holst, 100 Ardmore Street, Blacksburg, advised that he is
employed by Anderson and Associates and is a former employee of VDOT. He
reported that he was hired to review the HSMM traffic study using the same
methodology he would have used when employed by VDOT. He reported that he has
concerns regarding the information used in the analysis. He stated that the traffic data
collected in August did not include the peak hour factor when calculating the variability
of traffic throughout the peak hour period and that the peak hour factor in the analysis
was left at the default value and not calculated on the actual traffic counts. He reviewed
the storage and level of service for the intersection with Peters Creek Road currently
1022
October 23, 2007
and after the proposed DMV opens. He recommended that the traffic analysis be
redone.
Roger Elkin, 6459 Cotton Hill Road, of Hall Associates advised that he
provides Mr. Cohen with leasing and management services at Valleypointe, and it is his
firm's opinion that approval of the DMV facility will make it harder to lease Mr. Cohen's
facilities in the future. He reported that ease of access is a key factor considered by
business prospects. He requested that the Board take additional time to research the
impact of this project prior to approving the project.
Ms. Goodlatte reported that Mr. Cohen owned the property in question in
2002 when the DMV originally planned to open a 19,000 square foot facility at this
location that would have included the same number of parking spots as the facility that
is currently proposed; however, that facility was never undertaken due to budget cuts.
She reported that the DMV has shared its existing customer data with Mr. Pace's client
which estimates 65 customers per hour currently and 75 customers per hour in the
future. She stated there have been rare instances where the number of customers
ranged from 90 to 100 per hour, but she added that data is for customers and not the
number of cars per hour. She advised that the DMV used the number of customers per
hour even though more than one person per car is possible
Mr. Thompson reviewed how Roanoke County determines parking
requirements adding that this rezoning provides over three times the number of parking
spaces as required. He reported that traffic issues can be further analyzed following the
October 23, 2007
1023
rezoning. He stated that this is a land use issue and that staff believes it is appropriate
for this to be decided tonight.
Supervisor Church advised that he was on the Board in 2002 when the
original project was proposed and that it is rare for the Board to get a request to down
zone a project. He stated that traffic is always a concern but with the sight distance on
Peters Creek Road, there usually is not a long wait time at the traffic signal at the
entrance to the business park.
In response to an inquiry from Supervisor Flora, Mr. Hodge advised that
he believed the traffic signal at the entrance to the business park was installed as a
result of the development of Valleypointe Phase I. Supervisor Flora noted that VDOT's
normal procedure for designing intersections takes into consideration the effects of the
completed development. Supervisor Flora inquired if staff was aware of any previous
traffic studies. Mr. Thompson advised that he was not aware of any other traffic studies.
Ms. Becher reviewed the parameters used in the traffic study in response
to an inquiry from Supervisor Altizer.
In response to an inquiry from Supervisor McNamara, Ms. Becher
responded to the criticisms leveled at the Mattern and Craig traffic study. She reported
that the County has received a letter from VDOT and the City of Roanoke in which the
City discussed some flaws in the traffic study. She reported that it is possible to
disagree with the finer points of the study, but she reported that the conclusions of the
three governmental agencies that have had discussions concerning the intersection at
1024
October 23, 2007
Peters Creek Road are not going to change which is recommending that an east-bound
left turn lane be added to the intersection. She reviewed the methodology she uses
when analyzing traffic conditions and added that dual left hand turn lanes would also be
her recommendation. She stated that VDOT and the City of Roanoke have also
advised that this solution would be appropriate.
Supervisor Wray inquired what the existing stacking capacity was at the
intersection. Ms. Becher advised that the current stacking capacity is 200 feet but that
300 feet would be more appropriate. She reported she was advised by an official with
VDOT that there have been instances when storage at the intersection has not been
sufficient.
Supervisor Wray inquired how Proffer number 6 would be enforced.
Ms. Becher advised that enforcement would be handled by the police.
In response to Supervisor Wray's inquiry, Ms. Goodlatte advised that
signage for the project would be consistent with the other lots in the business park if it
became necessary to add signage.
Supervisor Altizer stated that Proffer number 3's phrase "esthetically
pleasing" was vague and open to interpretation. Mr. Mahoney advised that Proffer
number 3 would be difficult to enforce. Supervisor Altizer recommended that this proffer
be removed since it is not clear. Mr. Mahoney advised that the Board could either
decline to accept Proffer number 3 in its entirety or remove the phase "esthetically
pleasing". He added that due to changes made in the enabling legislation by the
October 23, 2007
1025
General Assembly, the Board may accept an amended proffer as long as it does not
materially affect the overall proposal. Supervisor Altizer advised that the language in
proffers needs to be clear and concise in the future. Mr. Mahoney advised that the
petitioner included this proffer to maintain conformity with the previous development. It
was the consensus of the Board to strike the phrase "esthetically pleasing" from Proffer
number 3.
Ms. Goodlatte agreed that Proffer number 3 could be revised as
requested.
Supervisor Church moved to adopt the ordinance with proffer No. 3
amended. The motion carried by the following recorded vote:
AYES:
Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS:
None
ORDINANCE 102307-13 TO REZONE 2.917 ACRES FROM 1-
1C, INDUSTRIAL DISTRICT WITH CONDITIONS, TO C-2,
GENERAL COMMERCIAL DISTRICT WITH CONDITIONS,
FOR THE CONSTRUCTION OF AN ADMINISTRATIVE
SERVICES BUILDING LOCATED NEAR THE INTERSECTION
OF VALLEYPOINTE PARKWAY AND VALLEYPARK DRIVE
(TAX MAP NO. 37.07-1-14.6), CATAWBA MAGISTERIAL
DISTRICT UPON THE APPLICATION OF TIMBERBROOK
PROPERTIES III, LLC
WHEREAS, a portion of this property was rezoned on October 30, 1987, to M-1,
Light Industrial District, for the purpose of a light industrial (mixed use) park with a
special exception for office and commercial development upon the petition of Lingerfelt
Development Corporation with proffered conditions (attached Exhibit A - Proffer of
Conditions); and
WHEREAS, in 1992, the property was rezoned from M-1, Light Industrial District,
to 1-1, Industrial District, as part of Roanoke County's comprehensive rezoning with the
adoption of the new zoning ordinance; and
1026
October 23, 2007
WHEREAS, the first reading of this ordinance was held on September 25, 2007,
and the second reading and public hearing were held October 23, 2007; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on October 2, 2007; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing
2.917 acres, as described herein, and located near the intersection of Valleypointe
Parkway and Valleypark Drive (Tax Map Number 37.07-1-14.6) in the Catawba
Magisterial District, is hereby changed from the zoning classification of 1-1C, Industrial
District with Conditions, to the zoning classification of C-2, General Commercial District
with conditions.
2. That this action is taken upon the application of Timberbrook Properties III,
LLC.
3. That the 1987 Proffer of Conditions (Exhibit A) is hereby repealed.
4. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia,
hereby accepts:
(1) That the property will be used only for the following uses:
Administrative Services, Day Care Center, Post Office, Safety Services, Utility
Services (Minor), Financial Institutions, General Office, Medical Office,
Laboratories, Business Support Services, Business or Trade Schools.
(2) That no more than 75 percent of the property will be developed for
building and parking uses.
(3) That all on-premises signage will be 3osthetic311y ple3sing 3nd be
no more than forty (40) square feet in sign face area and no more than eight (8)
feet in height. Outdoor advertising signs (billboards) will be prohibited.
(4) That there will be no outdoor storage except under the following
conditions:
a. that it not be visible from the street
b. that it not be higher than the elevation of the building
c. that it not comprise an area greater than 50 percent of the
floor area of the building
d. that it be screened from view with landscaping and/or other
approved screening materials in accordance with the
provisions of the Roanoke County Ordinance.
(5) That all utilities will be underground.
(6) That there will be no on-street parking.
(7) That there will be sufficient truck loading spaces designed for each
building site.
October 23, 2007
1027
5. That said real estate is more fully described as follows:
Being all of Tax Map No. 37.07-1-14.6 containing 2.91 acres.
6. 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 with Proffer No. 3
amended, and carried by the following recorded vote:
AYES: Supervisors Wray, Church, Altizer, Flora, McNamara
NAYS: None
INRE:
CITIZENS' COMMENTS AND COMMUNICATIONS
Michael Ricucci, 7475 Blacksburg Road, thanked Supervisor McNamara
for voting no on the multi-gen center. He advised that many citizens in the Catawba
District feel they are not being represented but he added that is going to change. He
inquired why Mr. Hodge felt that a water park would bring business to the area, and he
stated that new businesses are not interested in amusement parks. He inquired why
Masons Cove Elementary is still using a coal-fired furnace in a structure built in 1960.
He stated that the Board's spending is having a negative impact on schools. He asked
why Glenvar Library received funding for renovations just before the election. He asked
why when asked for additional firefighters, the Board decided to build a new fire station
in the Hollins District. He stated that the Board seemed to have no problem spending
money for a new meeting space and that the estimated $180,000 for the renovation is
unbelievable. He thanked Supervisor Church for showing the citizens another facet of
his character adding that Supervisor Church's remarks concerning Jerry Custer at the
previous meeting were inappropriate.
1028
October 23, 2007
Chairman McNamara requested that Mr. Ricucci address his remarks to
the Board.
Mr. Ricucci concluded with the statement that Jerry Custer would be the next
Supervisor for the Catawba District.
INRE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Wrav: (1) He advised that he attended Operation Titan
Security, a multi-jurisdictional public safety drill held at Hidden Valley High School on
October 17, 2007, and that public safety personnel from other localities in attendance
were impressed by the level of regional cooperation demonstrated during the event. He
requested that Mr. Hodge prepare a letter of appreciation to the public safety chiefs who
conducted the event. (2) He voiced his concerns regarding the roughness of the
surface repairs to Buck Mountain Road and a section of Route 220 and inquired if these
repairs could be feathered in. Mr. Covey responded that VDOT would have to make
that determination and that he did not believe VDOT would take further action; however,
he reported that he would discuss the matter with the appropriate VDOT staff. (3) He
inquired if Teresa Becher had an update on Valley Forge Avenue. Ms. Becher
responded that analysis and safety reviews have been performed due to the number of
accidents in the last three years at the intersection in question. She reported that VDOT
has not made any recommendations regarding the signal's operation. He requested
that she keep him informed on the status of the improvements. (4) He requested an
update on Stable Road and the parking situation. Mr. Hodge reported he has not
October 23, 2007
1029
received any additional information from the developer at this time. (5) He advised that
the Board does not tell the school system how to allocate funds, so it is unfair that the
Board is being criticized for circumstances it has no control over. He stated that the
Board has been very proactive in its decisions and responsive to the concerns of the
citizens. (6) He reported that he will be out of town the week of November 12, 2007, so
he will not be able to attend the Board meeting on November 13.
Supervisor Church: He stated that he wished the citizens from Catawba
Valley had stayed to hear his comments in which he addressed the following issues:
(1) Schools: He reported that the Board has provided $70 million in funding for the
school systems' debt service for school capital improvement projects in this past budget
and that the schools have to prioritize their projects just as the County does. He
advised that the Board does care about schools. He reported that a School Board
member has stated that the School Board is not being given the necessary funding
which is an inaccurate statement because the Board has allocated funds to schools;
however, the School Board needs to prioritize their capital improvement projects.
Regarding the citizen's comments made earlier concerning the furnace at Masons Cove
Elementary, he added that he has visited the school; and, in his opinion, the situation
there does need to be corrected. He stated that the Board does not have the authority
to intervene and manage projects for the schools. (2) Personal Attacks: He stated that
the idea that any Board member would personally attack a candidate is unsettling and
erroneous. He advised that the statements he made during the previous Board meeting
1030
October 23, 2007
would apply to any person in or out of office. He stated that the situation that he was
commenting on was not a joke. He added that if Mr. Custer's remarks had been
humorous as claimed, the officers in the Police Department would not have reported
him. He further advised that the members of the Board individually decided that this
type of behavior should not be condoned. He stated that for this candidate to say he
was only joking stretches the imagination and the believability of every citizen in
Roanoke County. He stated that he did not personally attack anyone; Mr. Custer did it
to himself by virtue of his bad judgment in making the call he made to the Police
Department. He advised that he and Supervisor McNamara have been on the Board as
long as or longer than anyone else with the exception of Supervisor Flora during his
prior term; but never has a campaign reached these depths. (3) Spendina: He advised
that the Board does not haphazardly spend County revenue. The Board has a revenue
plan, a revenue savings plan, and a capital improvement program (CIP) that spans the
entire County. He stated that funds have been appropriated for renovating the Glenvar
Library because that project is on the CIP and has been in the preliminary design phase
for the last couple of years and not because of the upcoming election as alleged earlier.
He reported that the Board does not allocate funds in an arbitrary fashion and that he is
bothered by this allegation. (4) Respect: He stated that the Board deserves more
respect than was shown to it tonight by the citizen during his comments to the Board.
He advised that the Board has heard from hundreds of citizens during his eight years on
the Board; and although citizens may have disagreed with the Board's decisions, they
October 23, 2007
1031
treated the Board with respect and directed their comments to the Chair. He reported
that the Board is normally not in the habit of responding to citizens even if called a blue
speckled hen. He added that the members of the Board are all trying to do their best to
represent their respective districts.
Supervisor Altizer: He reported that during an election, it is common to
hear or read disparaging comments directed at citizens or elected officials. He added
that the Board is progressive in its decision making in an effort to position the County for
the future and for its young people. He stated that the Board is trying to improve the
quality of life for County citizens and to make Roanoke County a better place to live,
work, and play. He reported that many statements have been made based on
misinformation. He added that this Board has been more than generous in its funding
for schools as previously stated, and this has been acknowledged by a majority of the
School Board. He reported that the Board has worked with the School Board to develop
a joint funding plan for capital improvement projects. He stated that the citizens need to
understand that the new business center that is going to be developed because of the
new multigen center, could generate an estimated $2 million dollars in revenue, and of
that revenue, $1 million will be allocated to the schools. He added that the Board has
been criticized for under funding schools and rampant spending, but it has yet to
actually spend one dime on either of these projects. He reported that the bad
conditions in certain schools did not happen overnight, so it is very unfortunate that
people make comments without getting the facts. He concluded that the renovations to
1032
October 23, 2007
the Board room were made not just to upgrade the technology but in response to the
needs of the citizens who attend the meetings.
Supervisor Flora: (1) He commended the Community Development staff
who met with him and the residents adjacent to the Gander Mountain project recently at
Walrond Park to alleviate their concerns regarding drainage issues arising from the
project; staff did an excellent job. (2) He stated that the Board represents all the
citizens of Roanoke County and must develop policies that are beneficial for all rather
than cater to small minorities. He added that he is disturbed by the misinformation
regarding the recreation center that has been generated due to the campaign. He
reported that the County is not building an amusement park or a water park. The
County is building a multigenerational recreation center. He advised that the recreation
center will provide services that are not available elsewhere in the Roanoke Valley. He
stated that the Board does not have to defend its decisions and that Board's legacy will
stand the test of time. He added that the Board is a progressive Board, and it does not
mind taking risks in order to make the County a better place for its citizens. He advised
that Board members may occasionally disagree, but it is never personal.
Mr. Hodge advised that more needs to be said regarding the recreation
center as a tool for economic development and as a tax generator. He advised that the
recreation center is the anchor for the new business park which will bring in new
business which in turn will generate new jobs and new taxes. He added that these new
employment opportunities will keep our children here as well as bring new people. He
October 23, 2007
1033
reported that the estimated $2 to $3 million in tax revenue generated by the recreation
center and business park will help the schools. He stated that he appreciated the
Board's support for the business park and the recreation center, and he noted that the
County is meeting this week with economic development prospects who are interested
in the business park specifically due to the inclusion of the recreation center.
Supervisor McNamara: (1) He advised that while there is only one
Board member running for re-election, the suggestion that members of the Board are
not responsive to the citizens is erroneous; as has been made clear this evening,
members of the Board meet with citizens all year long as well as responding to their e-
mail. (2) He thanked Officer Crozier of the Police Department for providing information
on a recent rash of burglaries and advised that progress is being made in solving those
cases.
INRE:
ADJOURNMENT
Chairman McNamara adjourned the meeting at 10:23 p.m. to Sunday,
November 11, 2007, at 1 :00 p.m. for the annual Board of Supervisors Retreat, The
Homestead Resort, Hot Springs, Virginia.
Submi~ed by:
Approved by:
randt, CPS
t Deputy Clerk
P. McNamara
Irman
1034
October 23, 2007
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