5/27/2008 - Regular
May 27, 2008
387
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
May 27, 2008
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of May, 2008.
IN RE:
CALL TO ORDER
Chairman Flora called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W.
Altizer, Supervisors Joseph B. "Butch" Church, Joseph P.
McNamara, Charlotte A. Moore
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; Brenda J. Holton, Deputy Clerk to the Board;
Teresa Hamilton Hall, Public Information Officer
IN RE:
OPENING CEREMONIES
The invocation was given by Reverend Ed Dunnington, Christ the King
Presbyterian Church. The Pledge of Allegiance was recited by all present.
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May 27, 2008
IN RE:
REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Mahoney requested the addition of Item 7 to New Business: Approval
of an agreement with Springsted, Incorporated to provide executive search services for
the selection of a new county administrator.
Mr. Mahoney requested that items be deleted and added to the closed
meeting as follows: (a) delete Code of Virginia Section 2.2-3711 A (3) to discuss or
consider the acquisition of real property for a variety of public purposes, including
economic development and a drainage easement; and (b) add Code of Virginia Section
2.2-3711 A (1) discussion of prospective candidates for appointment as interim or acting
County Administrative effective July 1,2008.
Supervisor Flora requested the addition of a closed meeting pursuant to
Code of Virginia Section 2.2-3711 A (1) discussion and consideration of appointment of
prospective candidates to the Roanoke Valley Alleghany Regional Commission.
It was the consensus of the Board to add and delete the items to the
agenda as requested.
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389
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
.t Proclamation declarina May 30 throuah 31. 2008. as Relay for Life
Days in the County of Roanoke
Chairman Flora presented the proclamation to Debbie Brown, volunteer
with the American Cancer Society, and Co-Chair of the Roanoke Relay for Life; and
Annie Cooper, Community Manager, American Cancer Society.
IN RE: BRIEFINGS
1. Briefino on Local Governments for Sustainabilitv (ICLEI)
Conference. (Anne Marie Green. Director. General Services)
Ms. Green advised that she and Supervisor Moore attended the ICLEI
Conference in Albuquerque, New Mexico, and wanted to brief the Board on the
conference.
Supervisor Moore advised that she and Ms. Green had the privilege of
attending the conference on May 14 through 16, 2008, and she found it to be
informative and intense. She advised that one of the things that made an impact on her
was when the Mayor from Anchorage, Alaska, during a presentation remarked that the
glacier where he had his photo taken as a boy was gone when he took his son to have
a photo taken. She advised that the Mayor stated that Alaska is considered "ground
zero", one of the fastest warming places in the United States, and that polar bears are in
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May 27,2008
danger of becoming extinct. She reported that while they were at the conference, the
United States government placed the polar bear on the endangered species list.
Supervisor Moore advised that she understands that everyone may not
believe in global warming; however, she stated that funds could be saved and people
could become healthier if they would recycle, use clean products, and walk or ride
bicycles instead of driving or carpooling. She advised that the effort has to start locally
and citizens can make a difference working together. She advised that some of the
cities are implementing major changes and that the County of Roanoke has committed
to the process of measuring its carbon footprint. She advised that she would like for
everyone to become involved as the County moves through this process.
Ms. Green advised that many different ideas were presented at the
conference and some thought-provoking suggestions were made. She advised that
today a meeting of the County's ICLEI group was held to discuss plans to move
forward. She advised that while they were at the conference, the City of Roanoke and
the Town of Blacksburg received awards for reaching their first milestone. She advised
that the first milestone for ICLEI is to measure the locality's carbon footprint which
means to look at the amount of fuel, energy used, and how much the environment is
impacted. She advised that they have hired a college intern and are working with
Professor Sean McGinnis, Virginia Tech, and Professor Renee Godard, Hollins
University, to assist with the process of measuring the County's impact on the
May 27,2008
391
environment. She advised that Diana Christopulos, Roanoke Valley Cool Cities
Coalition, will also be working with the group. She advised that the County must choose
a baseline year to measure and they have chosen 2001 because there are records for
that year and the County will receive credit for implementing an environmental
management system that year.
Ms. Green reported that after completing the first milestone, the County
must look for ways to reduce its footprint which is very important because this year's
budget has been affected by the increasing costs of gasoline and diesel fuel. She
advised that the County will also have to look at the footprint of the community and they
are organizing a climate action committee comprised of citizens, businesses, and non-
profit organizations to gather suggestions on how to reduce the community's footprint.
She advised that local governments do not impact the environment as much as the
private sector and only cause approximately 5 percent to 7 percent of a locality's
emissions despite the fact that the localities are providing daily services.
Ms. Green advised that they will report back to the Board as each
milestone is reached, and she expressed appreciation to the Board for their support in
allowing staff to attend the conference and move forward with implementing the goals.
She advised that ICLEI is very dedicated to the process and paid the airfare for an
elected official and staff person to attend the conference.
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May 27, 2008
Supervisor McNamara advised that several years ago the County started
a pilot program with three or four hybrid vehicles with the intention of evaluating the
maintenance costs and performance. He inquired about the status of this program. Ms.
Green advised that the County currently owns the following hybrids: a Toyota Prius,
two Honda Civics, three or four Ford Escapes, and a Toyota Highlander in the
Economic Development Department. She advised that she feels the Honda Civic
hybrids are the best values because they are less expensive and get approximately 44
miles per gallon, and reported that these vehicles are driven locally by the County
assessors. She reported that the Prius is getting approximately 50 miles per gallon;
however, it is a more expensive vehicle. She advised that at this point maintenance has
been negligible, and they had planned to purchase additional Ford Escapes this year;
however, there is approximately a thirty weeks' wait to purchase this vehicle due to the
high demand.
Supervisor McNamara suggested that the County's total cost of ownership
might be less if they purchased hybrids and resold them after a couple of years while
they still had value and this would subsequently put more hybrids into the local area.
Ms. Green advised that this is something they have discussed for all County vehicles
and advised that Ford removed the Escape hybrid from the state contract because they
could not keep up with the demand.
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393
IN RE:
NEW BUSINESS
1. Reauest to adoDt an Amended Retiree Health Insurance Plan
effective January .:L 2009. (Diane Hvatt. Chief Financial Officer)
A-052708-1
Ms. Hyatt advised that this agenda item was to consider revisions to the
County's retirement healthcare program. She reported that the current program was
adopted in 1986, and was intended to supplement Medicare and benefits to retirees
until they reached the age of sixty-five. Ms. Hyatt advised that staff had to review this
benefit because of the new accounting pronouncement, specifically GASB 45, which
requires localities to account for the full cost of retirees' health insurance rather than
utilizing a "pay as you go" method as the County has done in the past. She advised that
without any change to the current plan, the County would have to record significant
liabilities and she had provided those amounts in the documents given to the Board.
She advised that a focus committee comprised of current and retired employees and
staff from the departments of Finance and Human Resources have been meeting since
December 2007 to review the plan and make suggestions. She advised that staff
presented information about the plan to the retirees and employees at more than
thirteen group meetings and held two work sessions with the Board to discuss changes
to the program.
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May 27, 2008
Ms. Hyatt summarized the changes that staff is recommending as follows:
(1) Coverage for retirees under the age of sixty-five will remain the same as the active
employees until these employees become Medicare eligible. (2) To quality for the plan
requires increased years of service and years on the County plan. (3) The County's
contribution will be based on the years of service at retirement of the employees, Le.,
20-year employees will receive 100 percent of the County's benefit; 15-19 year
employees will receive 90 percent; and 10-14 year employees will receive 80 percent.
Ms. Hyatt advised that a five-year transition schedule to the new eligibility
requirements for current employees has also been included in the plan to address
issues that were heard during the meetings with the retirees and employees. She
advised that employees who are sixty-five years of age or older and currently Medicare
eligible will move to individual Medicare Advantage Plans which combine Medicare
Plans A, B, and D, with some additional benefits. She advised that the County will
procure the services of a personal healthcare advisor to assist the retirees with the
selection process during the initial period and each annual enrollment period.
Ms. Hyatt advised that staff is recommending that the County adopt a
Virginia Retirement System (VRS) health insurance credit which will be considered in
the next agenda item. She advised that all current and future retirees with a minimum
of fifteen years of VRS service will receive a credit of $1.50 per year up to a maximum
of $45 added to their VRS check for life.
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395
Ms. Hyatt advised that the plan will become effective January 1, 2009,
which will provide sufficient time for the County to hire a personal healthcare advisor to
meet with the retirees individually and work through the transition plan. She advised
that staff recommends that the Board approve the retiree medical benefits plan as
presented.
Chairman Flora advised that the Board members have reviewed the
proposed plan several times. There was no discussion.
Supervisor McNamara moved to approve the staff recommendation (adopt
the Retiree Medical Benefits Plan Document). The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
Supervisor McNamara commented before voting that staff went through a
very thorough process and this plan will retain the majority of benefits for the greatest
number of employees. He advised that he was very pleased with what has been
accomplished.
2. Reauest to Drovide the Virainia Retirement System ODtional
Health Insurance Credit Proaram as Dart of the Amended Retiree
Health Insurance Plan. (Diane Hvatt. Chief Financial Officer)
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May 27, 2008
Ms. Hyatt advised that this request is part of the new retiree medical
benefits plan. She advised that in order to join the Virginia Retirement System (VRS)
optional health insurance credit program, the Board must adopt a resolution. She
advised that this is an irrevocable election by the Board and will provide a maximum of
up to $45 per month for all current and future retirees.
There was no discussion.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
RESOLUTION 052708-2 ELECTING THE VIRGINIA
RETIREMENT SYSTEM OPTIONAL HEALTH INSURANCE
CREDIT PROGRAM FOR LOCAL EMPLOYEES
Be it resolved that the County of Roanoke, Virginia (ER code 5180) does hereby
elect to provide the Health Insurance Credit Program as provided in the Code of Virainia
Section 51.1-1402 for its eligible current and future retirees as defined in Article 5,
Chapter 1 of Title 51.1 of the Code of Virainia.
Be it also resolved that the County of Roanoke agrees to accept all liability for
any current or future additional employer contributions and any increases in current or
future employer contribution rates resulting from its election to provide the benefits of
the Program to its retirees.
Be it further resolved that the County of Roanoke elects to allow its eligible
retirees to receive the benefits under the Program effective January 1, 2009.
Now, therefore, Richard C. Flora, Chairman of the County of Roanoke, and
Wanda G. Riley, Clerk of the County of Roanoke, are hereby authorized and directed in
the name of the County of Roanoke to execute any required contract in order that said
eligible retirees of the County of Roanoke may participate in the Health Insurance Credit
Program as provided for in the Code of Virainia. In execution of any contract which may
May 27, 2008
397
be required, the seal of the County of Roanoke shall be affixed and attested by the
Clerk, and said officers of the County of Roanoke are authorized and directed to pay
over to the Treasurer of Virginia from time to time such sums as are due to be paid by
the County of Roanoke for this purpose.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
~. Reauest to extend ! fiscal aaent aareement with the Western
Virainia Water Authority. (Rebecca Owens. Finance Director)
A-052708-3
Ms. Owens advised that the County of Roanoke currently serves as the
fiscal agent for the Western Virginia Water Authority (WVWA), and that the current fiscal
agent agreement which expires on June 30, 2008, provides for such items as the
maintenance of the general ledger, pooled cash, vendor payments, the payroll function,
and use of County systems. She stated that the WVWA is in the process of procuring
for a financial, human resources, and payroll system and would like to extend the
agreement with the County through June 30, 2009. She advised that the proposed
fiscal agent agreement will generate $77,500 annually for the County of Roanoke; this
revenue is part of the overall general fund revenues; and the WVWA will be charged ten
percent of the Human Resources/Payroll system upgrade if they are on the County's
system at the time of the upgrade. Ms. Owens advised that staff is requesting
authorization for the County Administrator or his designee to execute the fiscal agent
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May 27,2008
agreement, and appropriate any revenues received from the system upgrade to the
Lawson Capital account.
There was no discussion.
Supervisor Flora moved to approve the staff recommendation (authorize
the County Administrator or his designee to execute the fiscal agent agreement in
substantially the form presented, after approval as to form from the County Attorney;
and appropriate any revenues received from the system upgrade to the Lawson
(Human Resource/Payroll) Capital account). The motion carried by the following
recorded vote:
AYES:
NAYS:
Supervisors Moore, Church, Altizer, McNamara, Flora
None
~. Reauest to amend and extend! fiscal aaent aareement with the
Western Virainia Reaional Jail Authority. (Rebecca Owens.
Finance Director)
A-052708-4
Ms. Owens advised that the County of Roanoke currently serves as the
fiscal agent for the Western Virginia Regional Jail Authority ryvvRJA). She reported
that the original agreement stated that an amendment to the contract would be made
when the jail was ready to start full operations of the facility. She stated that the County
Finance Department is currently working with the WVRJA to set up full operations, and
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399
the WVRJA will utilize the County's Payroll, Human Resources, Accounting and
Purchasing Systems. She stated that County Finance staff will provide support in the
areas of accounting, purchasing, accounts payable, risk management and payroll as
outlined in the fiscal agent agreement as well as additional information which was
outlined in the Board's agenda item. She reported that the fiscal agent agreement will
generate $100,000 annually for the County of Roanoke, and the term of the agreement
is from July 1, 2008, through June 30, 2011, and at that time, the WVRJA may be able
to handle their own financial operations internally or they may choose to contract for
another period of time with the County. She stated that the WVRJA approved this
agreement at its meeting on May 1, 2008.
Ms. Owens advised that staff recommends approval of the following
actions: (1) Authorize the County Administrator or his designee to execute the fiscal
agent agreement with the WVRJA in substantially the form presented at this meeting
after approval as to form from the County Attorney. (2) During 2007-2008 the County
received $60,000 from the fiscal agent agreement of which $15,000 was budgeted in
the general fund leaving a balance of $45,000. Staff recommends appropriating
$15,000 of these remaining revenues to the Department of Finance to cover costs
associated with performing duties for the WVRJA during the current fiscal year. (3)
Appropriate revenues in the amount of $100,000 received from the WVRJA for the fiscal
agent agreement for July 1, 2008, through June 30, 2011, to the Department of Finance
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May 27 l 2008
to offset additional expenses incurred while performing the duties as outlined in the
agreement.
There was no discussion.
Supervisor Altizer moved to approve the three staff recommendations as
stated by Ms. Hyatt. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
~. Reauest from the Emeraencv Communications DeDartment to
acceDt and aDDroDriate reaional arant funds in the amount of
$300.000. (Elaine Carver. Chief Information Officer)
A-052708-5
Ms. Carver advised that staff is requesting acceptance and appropriation
of a $300,000 regional grant. She advised that Bill Greeves, Director of Information
Technology, and Pat Shumate, Chief Communications Officer, were present, and
advised that the County partnered with six jurisdictions to secure this $300,000 original
grant from the Wireless Board. She advised that this is the first regional grant of this
type approved in the State of Virginia. She advised that this grant will allow the County
to take advantage of a technology known as oblique photography and advised that she
had provided the Board with a portfolio of information. She advised that this is aerial
photography which provides angled views of buildings and terrains so that height,
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401
length, or depth can be measured of major structures. She advised that this technology
would have been very useful for the fire department during the Green Ridge Mountain
Fire, and it was used successfully during the recent wildfires in California.
Ms. Carver advised that initially the technology will be deployed in the
Emergency Communications Center; however, it will be used in other places including
the Police and Fire Departments, Community Development, Real Estate Valuation and
other areas in the County. She advised that the County will be serving as fiscal agent
for this regional grant, and the partnering jurisdictions are the Cities of Roanoke and
Salem, County of Montgomery, and Towns of Vinton, Christiansburg, and Blacksburg.
She advised that because this was a regional effort, no matching funds are necessary,
and staff recommends accepting and appropriating the grant funds of $300,000 to the
Emergency Communications Center.
In response to Supervisor Church's inquiry, Ms. Carver advised that
$50,000 is Roanoke County's share for maintenance during fiscal year 2009-2010 and
each jurisdiction will be responsible for its bill for maintenance after the initial first year.
Supervisor Flora inquired if the aerial photography exists now or will they
have to re-fly the area. Ms. Carver advised that flying over the areas is part of the
grant. She advised that they tried to include all of the County's mutual aid areas as
parties to the grant, and succeeded in securing the majority of those with the exception
of Franklin County.
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May 27, 2008
Supervisor Church moved to approve the staff recommendation (accept
and appropriate the grant of $300,000 to the Emergency Communications Center). The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
~. Reauest to aDDrove ! Moral Obliaation Aareement in SUDDort of
the Western Virainia Water Authority financina of the Route 220
Water Line. (Paul Mahoney. County Attorney)
R-052708-6
Mr. Mahoney advised that this agenda item is being presented to seek
approval and adoption of a resolution which includes a support agreement. He advised
that these two documents will allow the County to fund its portion of the construction
costs for the Route 220 water line. He advised that in November 2007 the County
entered into an agreement with the Western Virginia Water Authority (WVWA) and
Franklin County. He advised that the WVWA wants to move forward with the 2008
Virginia Resource Authority Spring Bond Sale, and he anticipates that the closing will
occur in early June. He advised that initially the County's portion of this $5.5 million
project was approximately 42 percent; however, upon further refinement, the County's
portion has increased to 43 percent and the project costs to $5,681,200. He advised
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403
that Roanoke County's portion of this debt seNice is calculated to be approximately
$190,000 with an anticipated five percent interest rate.
Mr. Mahoney advised that the Board has been pleased to work with
Franklin County on this project. He reported that in order to help implement the project,
the Board directed the Planning Commission to perform a Route 220 Corridor Study
and recently approved the study as an amendment to the County's Comprehensive
Plan. He advised that it is the County's moral obligation to fund its portion of the debt
service and stated that it is not a general obligation commitment of the County. He
advised that a referendum was not held with the citizens to approve this obligation;
however, with this action, the Board and each future Board is promising to meet the
obligation subject to future appropriations.
Ms. Moore advised that the water line will be a great asset for the
community, and she was pleased to make the motion to approve the agreement. There
was no discussion.
Supervisor Moore's motion to approve the agreement and adopt the
resolution was carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
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May 27,2008
RESOLUTION 052708-6 PLEDGING THE NON-BINDING MORAL
OBLIGATION OF ROANOKE COUNTY TO PAY A PROPORTIONATE
SHARE OF THE WESTERN VIRGINIA WATER AUTHORITY BONDS
FOR THE CONSTRUCTION OF THE ROUTE 220 WATER LINE
WHEREAS, the Western Virginia Water Authority (the "Authority") is a public
service authority formed and existing in accordance with the provisions of Chapter 51 of
Title 15.2 of the Code of Virginia, 1950, as amended, the Virginia Water and Waste
Authorities Act 9915.2-5100-15.2-5158 (the "Act"), intends to issue bonds (the "Local
Bond") in the aggregate amount not to exceed $11,800,000 to finance multiple projects;
and
WHEREAS, the Authority, Franklin County ("Franklin") and Roanoke County
("Roanoke" and, collectively with Franklin, the "Counties") have entered into a Contract
dated as of November 16, 2007 (the "Water Line Contract"), under which, among other
things, the Authority has agreed to extend a twelve-inch water line along Virginia State
Route 220 through Roanoke County and to the Franklin County area known as Wirtz
Plaza (the "Water Line Extension Project") and the Counties agreed to provide
proportionate moral obligation security for payment of that portion of the debt service on
that portion of the Local Bond that is allocable to the cost of the Water Line Extension
Project, now estimated to be $5,681,200; and
WHEREAS, the Authority is in need of a formal assurance by the Board of
Supervisors of Roanoke (the "Board") of its willingness to enter into a moral obligation to
support said bond issue; and
WHEREAS, the Authority has determined to cause the Local Bond to be sold to
the Virginia Resources Authority ("VRA") pursuant to the terms of a Local Bond Sale
Agreement and a Financing Agreement each between the Authority and VRA; and
WHEREAS, the Board has determined to undertake a non-binding obligation to
consider certain appropriations in support of a portion of the Local Bond issued to
finance the Water Line Extension Project, conditioned upon the participation of the
Board of Supervisors of Franklin in such non-binding obligation; and
WHEREAS, the foregoing arrangements will be reflected in the Support
Agreement dated as of June 1, 2008 (the "Support Agreement") between the Board, the
Board of Supervisors of Franklin, the Authority and VRA, the form of which has been
presented to this meeting and filed with the County.
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County, Virginia that:
1. The Authority is hereby authorized and directed to proceed with plans to
design, engineer and construct a twelve (12) inch water line (the "Water Line
Extension") extending the Authority's water system from its current termination point at
May 27,2008
405
the entrance of Sun Crest Heights subdivision on Route 220 south along the Route 220
corridor into Franklin County to the intersection of Wirtz Road and Route 220 in the area
of Franklin County known as Wirtz Plaza including landscaping, infrastructure and
issuance costs generally now estimated to be $5,681,200.
2. The Support Agreement is approved in substantially the form presented to
this meeting, with such changes, insertions or omissions as may be approved by the
Chairman or Vice-Chairman, whose approval shall be evidenced conclusively by the
execution and delivery of the Support Agreement on the County's behalf. The
Chairman or Vice Chairman is authorized to execute and deliver the Support Agreement
and such other documents and certificates as such officer may consider necessary in
connection therewith.
3. The officers of the Board are authorized to execute and deliver all
documents, certificates and instruments on behalf of the Board and to take such further
action as may be necessary or desirable in connection with the issuance and sale of the
Local Bond by the Authority and the execution, delivery and performance of the Support
Agreement. All actions previously taken by such officers in connection with the
issuance and sale of the Local Bond and the Water Line Extension Project are ratified
and confirmed.
4. This Resolution shall take effect immediately upon its adoption.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
7. Aooroval of an aareement with Sorinasted. Incoroorated to
orovide Executive Search services for ! County Administrator.
(Paul Mahonev. County Attornev)
A-052708-7
Mr. Mahoney advised that due to the pending retirement of Elmer Hodge,
County Administrator, the Board authorized staff in March 2008 to issue requests for
proposals for executive search services for a County Administrator. He advised that the
Board reviewed various proposals, interviewed several firms, and selected Springsted,
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May 27, 2008
Incorporated, to assist with the search for a County Administrator. He advised that the
Board has agreed to hire this firm with a professional fee of $16,500 and direct out-of-
pocket expenses not to exceed $4,600. He requested that the Board approve the
agreement with Springsted, Incorporated and authorize the Chairman to execute the
agreement on behalf of the County.
Chairman Flora advised that the Board received three proposals,
interviewed two firms, and stated that both of these firms were competent and capable
of conducting the search for a County Administrator. He advised that the Board decided
to employ the firm that they were most comfortable with and a firm that had a long-term
connection to the State of Virginia. He advised that the reason for employing an
executive search firm was to use the most objective methodology to get the best
qualified applicants to consider for employment as the next Roanoke County
Administrator.
There was no discussion.
Supervisor Flora moved to approve the staff recommendation: (1)
Approve an agreement with Springsted; (2) Authorize the Chairman of the Board of
Supervisors to execute this agreement; and (3) Appropriate $21,100 from the Board
Contingency Fund for this purpose. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
May 27, 2008
407
IN RE:
REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor Flora moved to approve the first reading and set the second
reading and public hearing for June 24, 2008. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE:
1. First readina of an ordinance uoon the oetition of Martha J. Boush
and Randv M. Gantt to rezone aooroximatelv 1.5 acres from 1-1.
Low Intensity Industrial District. and 1-2. Hiah Intensity Industrial
District. to C-2. General Commercial District. for the ouroose of
constructina ! one stOry buildina for General Office/Retail use.
located at 4909 Starkey Road. Cave Sorina Maaisterial District
ADOPTION OF PROPOSED BUDGET AND SECOND READING OF
ORDINANCE
1. Resolution adootina the fiscal year 2008-2009 budaet. includina
the fiscal year 2009-2013 Caoital Imorovement Plan. for Roanoke
County. Virainia. (Brent Robertson. Director of Manaaement and
Budaet)
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May 27, 2008
Mr. Robertson advised that the resolution approving the fiscal year 2008-
2009 budget for Roanoke County, Virginia, is detailed by fund and includes
unappropriated balances for the General Government Fund. He stated that the
School's budget is included in the overall County budget as presented in the resolution.
He advised that the total County budget net of inter-fund and intra-fund transfers is
$284,706,724. He advised that prepared in conjunction with the fiscal year 2008-2009
budget, the fiscal year 2009-2013 Capital Improvements Plan (CIP) is included as part
of the resolution. He stated that the adoption of the CIP document does not represent
an appropriation of funds, and it is a planning document.
Mr. Robertson stated that the adoption of the budget is being requested to
fulfill the legal requirements of adopting and then having a first and second reading of
the appropriation ordinance before July 1, 2008. He stated that approval of the County
budget is for informative and fiscal planning purposes only and does not actually commit
or appropriate funds for expenditure. He stated that the commitment of funds will not
occur until the second reading and approval of the fiscal year 2008-09 appropriation
ordinance. He advised that staff recommends adoption of the fiscal year 2008-2009
Budget and fiscal year 2009-2013 Capital Improvements Plan.
There was no discussion.
May 27, 2008
409
Supervisor Flora moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
RESOLUTION 052708-8 APPROVING THE FISCAL YEAR 2008-2009
BUDGET FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended,
provides that the governing body of the County shall prepare and approve an annual
budget; and
WHEREAS, said budget shall be prepared and approved for informative and
fiscal planning purposes only; and
WHEREAS, this budget contains a complete itemized and classified plan of all
contemplated expenditures and all estimated revenues and borrowings for the ensuing
fiscal year; and
WHEREAS, a brief synopsis of said budget was published as required by the
provisions of Section 15.2-2506 of the State Code, and the public hearing as required
thereon was held on April 22, 2008.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia:
1. That there is hereby approved the annual budget for Fiscal Year 2008-
2009 for Roanoke County, Virginia, as shown on the attached Schedules.
2. That the preparation and approval of this budget is for informative and
fiscal planning purposes only.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
410
May 27, 2008
County of Roanoke
Adopted FY 2008-2009 Budget
May 27, 2008
Revenue Estimates
General Fund
General Government
General Property Taxes
Local Sales Tax
Telecommunications Tax
Business License Tax
Bank Franchise Tax
Utility Consumer Tax
Motor Vehicle License Tax
Recordation/Conveyance Tax
Meals Tax
Hotel/Motel
Other Local Taxes
Permits, Fees & Licenses
Fines and Forfeitures
Interest Income
Charges for Services
Commonwealth
Federal
Beginning Balance
Other
Amount
$
119,065,732
8,775,000
3,270,000
5,750,000
450,000
3,575,000
1,900,000
1,750,000
3,700,000
800,000
1,815,000
767,300
610,000
1,207,500
3,260,377
8,863,296
3,340,000
1,150,000
828,100
170,877,305
Total General Government
Total General Fund
2,264,299
7,156,582
41,648
190,107
444,580
1,600,126
4,963,927
640,284
188,178,858
Emergency Communications Center
Comprehensive Services
Law Library
Public Works Projects
S B & T Building
Recreation Fee Class
Internal Services - Information Technology
County Garage
May 27,2008
411
Debt Service Fund - County
Capital Projects Fund
Internal Service Fund
School Operating Fund
School Nutrition Fund
School Debt Service Fund
Schoo] Grants Fund
School Capital Fund
School Textbook Fund
School Bus Fund
School Laptop Insurance Reserve
Regional Alternative School
Total Revenues All Funds
8,443,046
13,874,461
1,003,295
]43,223,216
5,463,612
10,867,155
5,428,137
3,]06,717
1,595,030
810,000
551,500
527,922
383,072,949
(98,366,225)
284,706,724
Less: Transfers
Total Net of Transfers
Proposed Expenditures
General Fund
General Government
General Administration
Constitutional Officers
Judicial Administration
Management Services
Public Safety
Community Services
Human Services
N on- Departmenta]
Transfers to School Operating Fund
Transfers to School Insurance - Dental
Transfers to Capita] Fund
Transfers to Debt Service Fund
Transfer to Emergency Communications Center
Transfer to Comprehensive Services
Transfer to County Garage
Other
Amount
$
3,532,264
11,231,433
1,121,435
3,367,491
22,766,327
12,3]],034
17,108,389
10,792,716
61,737,627
477,299
3,166,090
15,639,972
2,129,299
4,253,000
139,634
1,103,295
170,877,305
Total General Government
412
May 27,2008
Total General Fund
2,264,299
7,156,582
41,648
190,107
444,580
1,600,126
4,963,927
640,284
188,178,858
Emergency Communications Center
Comprehensive Services
Law Library
Public Works Project
S B & T Building
Recreation Fee Class
Internal Services - Information Technology
County Garage
Total Net of Transfers
8,443,046
13,874,461
1,003,295
143,223,216
5,463,612
10,867,155
5,428,137
3,106,717
1,595,030
810,000
551,500
527,922
383,072,949
(98,366,225)
284,706,724
Debt Service Fund - County
Capital Projects Fund
Internal Service Fund
School Operating Fund
School Nutrition Fund
School Debt Fund
School Grants Fund
SchoolCaprtalFund
School Textbook Fund
School Bus Fund
School Laptop Insurance Reserve
Regional Alternative School
Total Expenditures All Funds
Less: Transfers
In addition to the above revenues and expenditures, $2,000,000 from the Unappropriated
Balance is appropriated to a Reserve for Contingency for unanticipated or emergency
expenditures; and funds allocated to the Unappropriated Fund Balance must be
appropriated by the Board of Supervisors before such funds may be expended.
May 27,2008
413
2. Second readina of an ordinance to appropriate funds for the fiscal
year 2008-2009 budaet and approval of the classification plan for
fiscal year 2008-2009. (Brent Robertson. Director of Manaaement
and Budaet)
0-052708-9
Mr. Robertson advised that the budget for fiscal year 2008-2009 was
presented to the Board on April 22, 2008. He advised that staff is requesting approval
of the budget appropriations ordinance for fiscal year 2008-2009, and reported that the
total County budget is $383,072,949, which includes all inter-fund and intra-fund
transfers, and that the budget net of transfers is $284,706,724.
Mr. Robertson advised that as directed by the Board at a budget work
session on May 13, 2008, several changes were made to the budget since the first
reading of the ordinance. He advised that the contributions to the Cultural, Tourism and
Other Agencies were increased by $102,579, and these increases were funded by
reducing the Public-Private Partnership allocation in the Economic Development
Department by $82,579, and the Parks, Recreation and Tourism Department funding by
$20,000 for the Roanoke Valley Convention and Visitors Bureau increase.
Mr. Robertson reported that there has been no change to the
Classification Plan since the first reading which was held on May 13, 2008. He advised
414
May 27, 2008
that staff recommends approval of the second reading of the fiscal year 2008-2009
budget appropriation ordinance, and approval of the Classification Plan for fiscal year
2008-2009.
Supervisor Flora advised that he had two concerns about the budget
appropriations ordinance. He advised that $200,000 funding which was requested by
the Art Museum a couple of years ago and approved last year was subject to an annual
contract; however, that contract has not been approved by the Board. He
recommended that the Board withhold the $200,000 appropriation until there is an
approved contract that represents the Board's original intentions for this funding.
Supervisor Flora advised that he received a call from the Superintendent
of Schools stating that the schools have had a program with and made contributions to
the Science Museum for many years. He reported that the schools discovered that they
could not charge fees to continue the program and requested that the Board designate
its contribution of $18,200 to the Science Museum for support of the schools' program.
He advised that the Science Museum will still receive the $18,200 funding and the
schools will be able to continue the science program for the students. He advised that
his recommendations were open for discussion by the Board members.
Supervisor Flora advised that when the Board previously discussed
contributions, he thought that the Board members had agreed that taxpayers' monies
should not be given away and should be used to support services for County residents.
May 27,2008
415
He advised that if there were no concerns from the other Board members, he would
move approval of the ordinance subject to the two stipulations that he had already
mentioned: (1) $200,000 be withheld from the appropriation ordinance until there is a
contract between the Art Museum, Roanoke County Schools, and Roanoke County
Board of Supervisors; and (2) that the $18,200 be designated towards the ongoing
program of the Roanoke County Schools. He apologized that he was unable to provide
the name of the program.
Supervisor Church advised that he felt that just having a contract was not
sufficient and stated that the contract should be approved by the Board. Supervisor
Flora advised that he agreed that the contract should be approved by the Board.
Mr. Robertson asked Mr. Mahoney if he should remove the $200,000 from
the appropriations ordinance or should that amount remain in the ordinance subject to
the contract's approval. Mr. Mahoney advised that he felt it was the motion of
Supervisor Flora to remove the $200,000 from the appropriations ordinance; therefore,
that amount would have to be brought back for appropriation at another Board meeting.
Supervisor Flora advised that the request for appropriation could be brought back for
Board approval when there is an approved contract between the three entities, and
requested that Mr. Robertson determine the proper name of the schools' program.
Supervisor Flora's motion to adopt the ordinance with the following
changes: (1) $200,000 to be withheld from the appropriations until there is an approved
416
May 27, 2008
contract between the Art Museum, Roanoke County Schools, and the Board of
Supervisors, and (2) the Science Museum contribution of $18,200 be designated for the
use of Roanoke County School students, was carried by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 052708-9 APPROPRIATING FUNDS FOR THE 2008-09
FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, upon notice duly published in the newspaper, a public hearing was
held on April 22, 2008 concerning the adoption of the annual budget for Roanoke
County for fiscal year 2008-09; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved
said budget on May 27, 2008, pursuant to the provisions of Section 13.02 of the
Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as
amended; and
WHEREAS, the first reading of this appropriation ordinance was held on May 13,
2008, and the second reading of this ordinance was held on May 27,2008, pursuant to
the provisions of Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following appropriations are hereby made from the respective funds
for the period beginning July 1, 2008, and ending June 30, 2009, for the functions and
purposes indicated:
County of Roanoke
Adopted FY 2008-2009 Budget
May 27, 2008
May 27,2008
417
Revenues:
General
Fund:
General Government $ 170,877,305
Comprehensive Services 7,156,582
Emergency Communications Center 2,264,299
Law Library 41,648
Public Works Projects 190,107
SB&T -Social Services Building 444,580
Recreation Fee Class 1,600,126
Internal Services 4,963,927
County Garage 640,284
Total General Fund $ 188,178,858
Debt Service Fund - County $ 8,443,046
Capital Projects Fund 13,874,461
Total Capital Projects Fund $ 13,874,461
Internal Service Fund - Risk Management $ 1,003,295
School
Funds:
Operating $ 143,223,216
Nutrition 5,463,612
Capital 3,106,717
Debt 10,867,155
Bus 810,000
Regional Alternative School 527,922
Laptop Insurance Reserve 551,500
Grant 5,428,137
Textbook 1,595,030
Total School Fund $ 171,573,289
418
May 27, 2008
Total All Funds $ 383,072,949
Expenditures:
General Government:
General Administration
Board of Supervisors $ 416,866
County Administrator 350,832
Public Information 281,720
Chief Information Officer 150,366
Asst. Co. Administrators 339,874
Human Resources 743,233
County Attorney 539,141
Economic Development 710,232
Total General Administration $ 3,532,264
Constitutional Officers
Treasurer $ 818,917
Commonwealth Attorney 950,816
Commissioner of the Revenue 824,439
Clerk of the Circuit Court 1,027,801
Sheriff's Office 1,705,071
Care & Confinement of Prisoners 5,904,389
Total Constitutional Officers $ 11,231,433
Judicial Administration
Circuit Court $ 197,068
General District Court 45,878
Magistrate 1,655
J & DR Court 19,429
Court Service Unit 857,405
Total Judicial Administration $ 1,121,435
May 27, 2008
419
Management Services
Real Estate Assessments $ 972,770
Finance 1,303,729
Public Transportation 380,476
Management and Budget 274,754
Procurement Services 435,762
Total Management Services $ 3,367,491
Public Safety
Police $ 10,923,393
Fire and Rescue 11,842,934
Total Public Safety $ 22,766,327
Community Services
General Services $ 346,700
Solid Waste 4,881,113
Community Development 4,770,681
Building Maintenance 2,312,540
Total Community Services $ 12,311,034
Human Services
Grounds Maintenance $ 2,263,512
Parks and Recreation 2,560,065
Public Health 639,724
Social Services 7,554,677
Contributions-Human Service, Cultural, Tourism 594,417
Library 2,886,306
V A Cooperative Extension 95,629
Elections 314,059
Total Human Services $ 16,908,389
N on- Departmental
420
May 27,2008
Employee Benefits $ 4,677,459
Miscellaneous 1,441,500
Internal Service Charges 4,673,757
Total Non-Departmental $ 10,792,716
Transfers to Other Funds
Transfer to Debt - General & Schools $ 15,639,972
Transfer to Capital 3,166,090
Transfer to Schools 61,737,627
Transfer to Emergency Communications Center 2,129,299
Transfer to Schools - Dental Insurance 477,299
Transfer to Internal Services 1,003,295
Transfer to Comprehensive Services 4,253,000
Transfer to County Garage 139,634
Total Transfers to Other Funds $ 88,546,216
Unappropriated Balance
Board Contingency $ 300,000
Total General Government $ 170,877,305
Comprehensive Services $ 7,156,582
Emergency Communications Center $ 2,264,299
Law Library $ 41,648
Public Works Projects $ 190,107
SB&T -Social Services Building $ 444,580
Recreation Fee Class $ 1,600,126
Internal Services
May 27, 2008
421
Management Information Systems $ 4,312,691
Communications 651,236
County Garage 640,284
Total Internal Services $ 5,604,211
Total General Fund $ 188,178,858
Debt Service Fund - County $ 8,443,046
Capital Projects Fund $ 13,874,461
Internal Services Fund - Risk Management $ 1,003,295
School Funds:
Operating $ 143,223,216
Nutrition 5,463,612
Capital 3,106,717
Debt 10,867,155
Bus 810,000
Regional Alternative School 527,922
Laptop Insurance Reserve 551,500
Grant 5,428,137
Text Book 1,595,030
Total School Funds $ 171,573,289
Total All Funds $ 383,072,949
2. That the County Administrator may authorize or delegate the authorization of
the transfer of any unencumbered balance or portion thereof from one department to
another.
3. That all funded outstanding encumbrances, both operating and capital, at
June 30, 2008, are re-appropriated to the 2008-09 fiscal year to the same department
and account for which they are encumbered in the previous year.
422
May 27, 2008
4. That appropriations designated for capital projects will not lapse at the end of
the fiscal year but shall remain appropriated until the completion of the project or until
the Board of Supervisors, by appropriate action, changes or eliminates the
appropriation. Upon completion of a capital project, staff is authorized to close out the
project and transfer to the funding source any remaining balances. This section applies
to appropriations for Capital Projects at June 30, 2008, and appropriations in the 2008-
09 budget.
5. That all school fund appropriations remaining at the end of the 2007-08 fiscal
year not lapse but shall be appropriated to the School Capital Fund in fiscal year 2008-
09 as follows:
a.) Two-thirds of the year end balance in the school operating fund will be allocated
to the Major School Capital Reserve;
b.) One-third of the year end balance in the school operating fund, not to exceed
$1,000,000, will be allocated to the Minor School Capital Reserve;
c.) If the one-third allocation to the Minor School Capital Reserve exceeds
$1,000,000, the excess will be added to the Major School Capital Reserve.
6. That all General Fund unexpended appropriations at the end of the 2007-08
fiscal year not lapse but shall be re-appropriated, as provided by Resolution 122104-4,
as follows:
a) 400/0 of these unexpended appropriations shall be transferred to the un-
appropriated Minor County Capital Fund Reserve;
b) 60% of these unexpended appropriations shall be re-appropriated to the same
department for expenditure in fiscal year 2008-09.
7. That all General Fund revenues collected in excess of appropriated revenues
shall be re-appropriated, as provided by Resolution 122104-5, as follows:
a.) Revenues in excess of budget will first be allocated to the General Fund Un-
appropriated Balance, until the maximum amount for the current year is met, as
specified in the General Fund Un-appropriated Balance Policy, as adopted by
Resolution 122104-2;
b.) The remainder of revenues in excess of budget will then be allocated to the
Major County Capital Fund Reserve
8. Rescue fees collected by the Fire & Rescue Department in excess of
budgeted amounts will be re-appropriated and allocated to the Fire and Rescue Capital
Reserve.
9. That Two Million Dollars from the Unappropriated Fund Balance is hereby
appropriated to a Reserve for Contingency for unanticipated or emergency expenditures
that may arise during the 2008-09 fiscal year; and money allocated to the Reserve for
Contingency must be appropriated by the Board of Supervisors before such money may
be expended.
May 27, 2008
423
10. General Government sub-fund revenues include a budget amount of
$1,150,000 of Beginning Balance allocated as follows:
a.) $500,000 for renovations to the Roanoke County-Salem jail.
b.) $150,000 for HP system migration.
c.) $500,000 for additional matching funds for VDOT revenue-sharing.
11. This ordinance shall take effect July 1,2008.
On motion of Supervisor Flora to adopt the ordinance with the following changes:
(1) $200,000 to be withheld from the appropriations until there is an approved contract
between the Art Museum, Roanoke County Schools, and the Board of Supervisors; and
(2) the Science Museum contribution of $18,200 be designated for the use of Roanoke
County School students. The motion was carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE:
APPOINTMENTS
.1: Board of Zonina Appeals (appointed ~ district)
Chairman Flora advised that the five-year term of Richard L. Jones, Jr.,
Catawba Magisterial District, will expire on June 30, 2008.
6. Parks. Recreation and Tourism Advisory Commission (appointed
~ district)
Chairman Flora advised that the three-year term of Lee Blair, Cave Spring
Magisterial District, will expire on June 30, 2008.
~. Roanoke Vallev-Alleahanv Reaional Commission
Chairman Flora advised that the three-year term of Elmer Hodge, non-
elected representative, will expire on June 30, 2008, and that this appointment will be
discussed in closed meeting.
424
May 27, 2008
!. Social Services Advisory Board (aDDointed ~ district)
Chairman Flora advised that the four-year term of Janet Green, Windsor
Hills District, who is eligible for reappointment, will expire July 1, 2008. Supervisor
McNamara requested that the Clerk contact Ms. Green to determine if she would be
willing to serve an additional term.
~. Western Virainia Water Authoritv
Chairman Flora advised that the four-year term of Richard E. Huff, II,
member at large, will expire on June 30, 2008, and that at-large members are selected
by the majority vote of the other six members of the Board and confirmed by Roanoke
City Council and the Roanoke County Board of Supervisors. Chairman Flora advised
that this appointment will be discussed in closed meeting.
IN RE: CONSENT AGENDA
R-052708-10, R-052708-10.a
Supervisor Altizer moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
May 27,2008
425
RESOLUTION 052708-10 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for May 27,
2008 designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 3 inclusive, as follows:
1. Approval of minutes - May 13, 2008
2. Request to adopt resolution authorizing the application, acceptance and
appropriation of the 2007 Homeland Security grant to the Fire and Rescue
Department in the amount of $15,000 from the Department of Homeland
Security administered through the Virginia Department of Emergency
Management
3. Request from the schools to accept and appropriate grant funding in the
amount of $17,610 from the Virginia Department of Transportation for a Safe
Routes to School Program at William Byrd Middle School
That the Clerk to the Board is hereby authorized and directed where required by
law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
RESOLUTION 052708-10.a DESIGNATING THE APPLICANTS
AGENT, THE ACCEPTANCE OF THE GRANT AND
APPROPRIATION OF GRANT MONIES
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that
Elmer Hodge, County Administrator or his designee, is hereby authorized to execute for
and in behalf of the Roanoke County, a public entity established under the laws of the
State of Virginia, this application and to file it in the appropriate State Office for the
purpose of obtaining certain Federal financial assistance under the National
Preparedness Directorate, United States Department of Homeland Security (DHS),
administered by the Commonwealth of Virginia.
426
May 27, 2008
That, Roanoke County, a public entity established under the laws of the
Commonwealth of Virginia, hereby authorizes it agent to provide to the Commonwealth
and to the DHS for all matters pertaining to such Federal financial assistance any and
all information pertaining to these Grants as may be requested.
FURTHER, the Board of Supervisors of Roanoke County authorizes the
acceptance of said grant monies in the amount of $15.000.00 and authorizes the
appropriation of said monies for the purposes authorized in the grant application.
On motion of Supervisor Alti~er to adopt this resolution and passed and
approved this 2ih day of May, 2008 by the following vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE:
REQUESTS FOR WORK SESSIONS
Supervisor Altizer requested that a work session be held concerning the
vehicle licensing fee. Mr. Hodge advised that the work session would be held at the
June 10, 2008, Board meeting.
IN RE:
REPORTS
Supervisor McNamara moved to receive and file the following reports.
The motion carried by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
.1: General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Continaencv
May 27, 2008
427
IN RE:
4. Accounts Paid = April 2008
5. Statement of expenditures and estimated and actual revenues for
the month ended April 30. 2008
CLOSED MEETING
At 3:57 p.m., Supervisor Flora moved to go into closed meeting following
the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion
and consideration of appointment of prospective candidates to the Western Virginia
Water Authority and the Roanoke Valley Alleghany Regional Commission; and Code of
Virginia Section 2.2-3711 A (1) to discuss potential appointment of interim County
Administrator effective July 1, 2008. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE: WORK SESSIONS
1. Fire and rescue work session. (Rick Burch. Chief. Fire and
Rescue: Elmer Hodae. County Administrator)
The work session was held from 4:12 p.m. until 4:55 p.m.
County staff present included the following: Elmer Hodge, County
Administrator; Rick Burch, Chief, Fire and Rescue; Steve Simon, Division Chief; Todd
Maxey, Division Chief; and Dustin Campbell, Division Chief. Earle Shumate, Hughes
Associates Architects, was also present.
428
May 27,2008
(a) review of North County Fire and Rescue Station bids
Chief Burch advised that in April 2008, when staff received the approval to
move forward with the architectural and engineering work, a team was organized to
work on the proposal for the new station. He advised that the bidding process
concluded on May 13, 2008, and a number of very favorable bids reflecting relatively
low construction costs were received. He advised that he will make a recommendation
at the evening session to award the bid. He stated that a budget for the new station has
been developed showing that the estimated total cost for the new station will be
$4,200,000. He advised that staff is very excited about the project and that June 17,
2008, at 10:00 a.m. has been scheduled for the groundbreaking. He advised that
Hughes Associates Architects was partnering with Stewart Cooper Newell Architects to
work on the new station. Chief Burch advised that this will the first new station to be
built in Roanoke County in 17 years, and the need for it is evidenced by the statistics in
the PowerPoint presentation that he will be making for the next work session. (A copy
of the PowerPoint presentation is on file in the Clerk's Office.)
(b) annual review of fire and rescue reSDonse times
Chief Burch advised that as part of the budget process each year, the
response times for all fire and rescue operations throughout Roanoke County are
reviewed. He advised that the goal previously set by the Board and staff is to respond
to calls within six minutes, 80 percent of the time; and in fiscal year 2006-2007, a six-
May 27,2008
429
minute response time was achieved 49 percent of the time. He advised the current
response is due to an increase in calls combined with fewer volunteers in the system.
He made a PowerPoint presentation and provided information about the following
statistics: details of 2007 incidents by station area; four-year incident trends; four-year
ambulance transport trends; 2007 Roanoke City, Salem, and Vinton responses into
Roanoke County; 2007 responses for each of the County stations; 2007 ambulance
transports (Advanced Life Support and Basic Life Support); and 2007 ambulance
transports by station.
There was discussion concerning the probable impact on the County due
to Roanoke City budget reductions for fire and rescue. Chief Burch reported that Chief
Hoback, Roanoke City Fire-EMS, had advised him that Chief Hoback had been directed
to study the Clearbrook and Garden City situations and report back to the Roanoke City
Manager in June 2008. Chief Burch advised that he will keep the Board informed of
future developments.
2. Work session to discuss Explore Park. (Diane Hvatt. Chief
Financial Officer: Elmer Hodae. County Administrator)
The work session was held from 5:00 p.m. until 5:20 p.m.
County staff present included the following: Diane Hyatt, Chief Financial
Officer; and Pete Haislip, Director of Parks, Recreation and Tourism Department.
Others present included the following: Debbie Pitts, Executive Director, Virginia's
430
May 27, 2008
Explore Park; and Fred Anderson, Chairman, Virginia Recreation Facilities Authority
(VRFA).
Ms. Hyatt advised that the purpose of the work session was to discuss
transitional issues related to Explore Park and VRF A. She advised that the County's
financial commitment to Explore Park will end on June 30, 2008, with the exception of
the $60,000 annually appropriated to run the Visitor's Center. She advised that with Ms.
Pitts retiring effective June 30, 2008, there will no longer be any full-time Explore Park
employees after that date; however, the County will continue to be the fiscal agent for
the park. She reported that in 2001 the County loaned the VRFA $250,000 with an
interest-free promissory note; and there is an outstanding balance of $125,000 on this
note.
Mr. Haislip advised that the County will only maintain the hospitality area
of the Visitor's Center which will be kept open with the efforts of volunteers coordinated
through his department. He advised that the Parks, Recreation and Tourism
Department will maintain the systems required to run the Visitor's Center such as the
water, sewer, and geothermal HVAC system. Mr. Hodge advised that the remainder of
the park is the responsibility of the VRFA.
Ms. Pitts advised that the VRFA met last week and decided to keep the
nine miles of mountain bike trails open to the public as well as a one-mile hiking trail to
the left of Brugh Tavern with the assistance of a volunteer coordinator and 300 plus
May 27,2008
431
volunteers in the Valley. Ms. Pitts advised that Explore Park is closed, marked with "No
Trespassing" signs, and all the buildings have been boarded up and protected for the
future. She reported that volunteers have agreed to monitor the entire park area in
order to meet the security requirements of the insurance company.
Ms. Hyatt advised that the County would provide minimal administrative
and secretarial services for the VRFA Board. Mr. Anderson advised that the VRFA
Board realized that they will be responsible for more duties than they have in the past
since they no longer have full-time staff.
Mr. Anderson advised that the VRFA signed an extension to the original
agreement to grant an additional year for the Virginia Living Histories (VLH) to obtain
financing and take care of any governmental regulations. Mr. Anderson advised that
the General Assembly passed legislation this year to extend the reversion which was
supposed to occur on June 30, 2008, to June 30, 2009, and this grants the VRFA an
additional year to take care of matters.
Ms. Hyatt distributed an inventory of assets from Explore Park which
totaled $138,710 and proposed that in exchange for the inventory, the County would be
willing to forgive the $125,000 remaining on the loan. Mr. Anderson advised that the
VRFA had voted to give the County the entire non-historic inventory as payment in full
of the outstanding loan balance. Ms. Hyatt advised that she would bring an action item
at the next meeting to exchange the inventory for the balance of the outstanding loan.
432
May 27, 2008
~. Work session to discuss arantina ! waiver under Section 13-23 of
the Roanoke County Code to the provisions of the Countv's noise
ordinance. Article II. Noise of Chapter 13: Offenses :
Miscellaneous of the Roanoke County Code. Desian
Telecommunications. Inc. and nTelos PCS. (Paul Mahoney.
County Attorney)
The work session was held from 5:20 p.m. until 5:30 p.m.
County staff present included the following: Paul Mahoney, County
Attorney. Others present included the following: G. Michael Pace, Jr., and Dave
Cohan, Gentry Locke Rake & Moore, Attorneys, representing nTelos PCS; Eddie
Bakke, and Jason Dodson, Design Telecommunications, Inc.
Mr. Mahoney advised that at the last meeting, the Board had several
questions concerning this petition and requested that representatives of Design
Telecommunications, Inc. and nTelos PCS attend a work session to respond to their
concerns.
Mr. Pace distributed a letter that he had written to Mr. Mahoney in
response to the Board's questions and reviewed the answers. He advised that only four
sites remain out of the 15 that were originally proposed, and he believes that work at
these sites could be completed within a two-week period or by June 15, 2008.
May 27,2008
433
Mr. Mahoney advised that the resolution to grant the waiver would need to
be revised and would be considered for approval at the Board's evening session. He
advised that the changes to the resolution would include the following: (1) permit the
maintenance work beginning at approximately 11 :00 p.m. on Wednesday, May 28,
2008, and ending at approximately 4:00 a.m. on June 15, 2008; and (2) the waiver will
cover only the remaining four sites in Mr. Pace's letter dated May 27,2008. In response
to Mr. Pace's inquiry as to whether it was necessary that he attend the evening session
when this item will be considered by the Board, Mr. Mahoney advised that his
attendance would not be necessary since the Board had reached a consensus on the
changes to be made to the resolution during the work session.
IN RE:
CLOSED MEETING
The closed meeting was held from 5:45 p.m. until 6:00 p.m.
IN RE: CERTIFICATION RESOLUTION
R-052708-11
At 7:00 p.m., Supervisor Flora moved to return to open session and adopt
the certification resolution. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
434
May 27, 2008
RESOLUTION 052708-11 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of .Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each members
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE:
PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Certificate of recoanition to Jackie Burke. Cave Sprina Hiah
School. for winnina the American Vision Award at the National
Scholastic Art and Writina Competition
Chairman Flora presented the certificate to Ms. Burke. Dr. Lorraine
Lange, School Superintendent; Pat Carr, Art Teacher; and Steve Spangler, Principal,
Cave Spring High School, were present for the recognition.
~,
May 27,2008
435
~. Certificate of recoanition to Jeremv Mowles. Glenvar Hiah School.
for winnina ! State Grouo A Wrestlina Chamoionshio
Chairman Flora presented the certificate to Mr. Mowles. Dr. Lorraine
Lange, School Superintendent; and James Soltis, Assistant Principal, Glenvar High
School, were present for the recognition.
~. Certificate of recoanition to Ben Cundiff. Glenvar Hiah School. for
winnina! State Grouo A Wrestlina Chamoionshio
Chairman Flora presented the certificate to Mr. Cundiff. Dr. Lorraine
Lange, School Superintendent; and James Soltis, Assistant Principal, Glenvar High
School, were present for the recognition.
~. Resolution of conaratulations and certificates of recoanition to
students at Arnold R. Burton Technoloav Center for winnina
Virainia SkillsUSA and Future Business leaders of America. Inc.
(FBlA) awards
R-052708-12
Chairman Flora presented the resolution to Andy McClung, Principal, and
individual certificates of recognition to the students who were present. Dr. Lorraine
Lange, School Superintendent; Jason Suhr, Assistant Principal, Arnold R. Burton
Technology Center; and Tim Miles, SkillsUSA sponsor; Arnold R. Burton Technology
Center, were also present.
436
May 27, 2008
Supervisor Flora moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
RESOLUTION 052708-12 OF CONGRATULATIONS TO STUDENTS AT
A. R. BURTON TECHNOLOGY CENTER FOR WINNING THE VIRGINIA
SKILLSUSA AND FUTURE BUSINESS LEADERS OF AMERICA
(FBLA) AWARDS
WHEREAS, SkillsUSA is the second largest student organization in the nation,
serving more than a quarter of a million high school and college students and
professional members who are enrolled in training programs in technical, skilled, and
service occupations, including health occupations; and
WHEREAS, the Future Business Leaders of America (FBLA) is a nonprofit
educational association of students preparing for careers in business and business-
related fields with almost a quarter of a million active members; and
WHEREAS, several students from A. R. Burton Technology Center, having
achieved first place in local and district level competitions, won gold medals at the 2008
Virginia SkillsUSA and FBLA competitions; and
WHEREAS, the following awards were received:
American Soirit: Khaia Jones, Northside; Rachel Murphy, Glenvar;
Blaine Racel, Northside
Criminal Justice: Todd Harris, Hidden Valley
Motorsoorts: John Heffernan, Northside; Michael Struble, Hidden Valley;
Carlos Ybarra, Cave Spring
Precision Machinina: Tim Beall, Northside
Preoared Soeech: Khaia Jones, Northside
Promotional Bulletin Board: Danielle Chambers, Northside; Ashley
Crouch, Cave Spring; Stephanie Digirolamo, William Byrd; Elyshia St.
Clair, Hidden Valley
Quiz Bowl: Sam Barrett, William Byrd; Joey Cohen, Hidden Valley;
Katelyn Minton, William Byrd; Morgan Poff, Cave Spring; David
Wiggington, Hidden Valley
Student of the Year: Erica Lloyd, Hidden Valley
May 27,2008
437
Team Works: Phillip Caldwell, Cave Spring; Ryan Hansbarger, William
Byrd; Hunter Oliver, Cave Spring; Chris Smith, Hidden Valley
TV Production PreDroduced Cut Onlv: Lauren Davis, William Byrd;
Megan Gilmore, William Byrd
WebDaae Desian: Jamie Large, Northside; Michael Rawlings, Northside
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its sincere congratulations to the
students at A. R. Burton Technology Center for winning the Virginia SkillsUSA and
FBLA awards; and
BE IT FURTHER RESOLVED that the Board of Supervisors extends its best
wishes to each of the students in all of their future endeavors.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE:
OLD BUSINESS
1. CONTINUED FROM MAY 13. 2008. Reauest to adoDt ! resolution
arantina ! waiver under Section 13-23 of the Roanoke County
Code to the Drovisions of the County's noise ordinance. Article !b
Noise of ChaDter 13: Offenses : Miscellaneous of the Roanoke
County Code. Desion Telecommunications. Inc. and nTelos PCS.
(Paul Mahonev. County Attornev)
R-052708-13
Mr. Mahoney advised that at the May 13, 2008 Board meeting, Design
Telecommunications and nTelos PCS had requested a waiver from the County's noise
ordinance. He advised that during that meeting the Board had numerous questions and
requested that the representatives from Design Telecommunications and nTelos PCS
438
May 27, 2008
attend a work session to respond to their concerns about the impacts of the proposal on
citizens. He advised that a work session was held today with those representatives and
their attorney, Mike Pace, Gentry, Locke, Rakes and Moore, and information was
provided that addressed all of the Board's concerns. He advised that there were
approximately 15 locations in Roanoke County where this work would occur; however,
11 of those locations have already been retrofitted with new equipment being installed,
and there are only four locations remaining. He advised that other representations were
also made by the applicants at the work session which will minimize the impact on the
citizens.
Mr. Mahoney stated that based upon the agreements reached at the work
session today, he is recommending that the resolution be amended, specifically,
paragraphs 1A and E, as follows: Beginning at approximately 9:00 p.m. (changed to
11 :00 p.m.) on Wednesday, May 14, 2008, (changed to May 28, 2008) and ending 4:00
a.m. on August 31,2008 (changed to June 15, 2008). He advised that he believed that
making these changes in the resolution would address the concerns of the Board and
satisfy the representations made at the work session by Mr. Pace on behalf of his
clients.
Supervisor Church inquired if it would be appropriate to change the
resolution to reflect that the waiver would cover only the four remaining locations. Mr.
Mahoney advised that it would be appropriate to add to the resolution that the waiver is
May 27,2008
439
limited to the four remaining sites as stated in Mr. Pace's letter to the Board dated May
27, 2008.
Supervisor McNamara moved to adopt the resolution as amended by Mr.
Mahoney and Supervisor Church, The motion carried by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
RESOLUTION 052708-13 GRANTING A WAIVER UNDER
SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE
PROVISIONS OF THE COUNTY'S NOISE ORDINANCE,
ARTICLE II. NOISE OF CHAPTER 13: OFFENSES -
MISCELLANEOUS OF THE ROANOKE COUNTY CODE,
DESIGN TELECOMMUNICATIONS, INC. AND NTELOS pes
WHEREAS, Design Telecommunications, Inc., the contractor for Ntelos PCS to
perform maintenance work on cell site equipment, has requested a waiver of the
County's noise ordinance as contemplated under Sec. 13-23. Undue hardship waiver.
to permit this maintenance work beginning on May 28, 2008 and ending June 15, 2008;
and
WHEREAS, Section 13-23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provision of the
Roanoke County Noise Ordinance, Article II. Noise of Chapter 13: Offenses -
Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in
subsection (b) of Sec. 13-23 and after making certain alternative findings.
BE IT RESOLVED by the Board of Supervisors of the County of Roanoke,
Virginia, as follows:
1. In making its determination as to whether to grant the requested waiver to the
Design Telecommunications, Inc. from the County's noise ordinance, the Board
of Supervisors has considered the following factors:
a. The time of day the noise will occur and the duration of the noise:
Beginning at approximately 11 :00 p.m. on Wednesday, May 28, 2008, and
ending 4:00 a.m. on June 15, 2008;
440
May 27,2008
b. Whether the noise is intermittent or continuous: The noise produced
during the process of performing maintenance work on cell site equipment
at numerous locations in the Roanoke Valley is done in order to minimize
impacts on service. This work requires taking each site off the air for this
maintenance work.
c. The extensiveness of the noise: Each site will only require one night for
the night portion of the work. There will not be multiple nights of noise at
each site. Further many of the sites are not in heavily populated areas.
d. The technical and economic feasibility of bringing the noise into
conformance with the noise ordinance: This work has to be completed at
night due to the fact that it is service impacting work, that is, the site must
be taken off the air for this work.
e. Other matters related to the impact of the noise on the health, safety and
welfare of the community and the degree of hardship resulting from
enforcement of the ordinance: Work will commence at each site
approximately 11 :00 p.m. and will be completed by 4:00 a.m. the next
morning.
f. The extent to which the noise is necessary and incidental to the
commercial and industrial use generating the sound: The noise to be
generated by this maintenance work is limited to one night for each site. It
consists of a large crane truck and generator.
g. This waiver is limited to the following four locations:
(1) Holiday Inn/Salem, 1671 Skyview Road, Salem, VA;
(2) Blue Ridge/AEP, 1820 Temple Drive, Vinton, VA;
(3) Back Creek, 5868 Cotton Hill Road, Roanoke, VA; and
(4) Metz Run, 8920 Willett Lane, Bent Mountain, VA.
2. The Board of Supervisors makes the following finding: Compliance with the
provisions of the County's noise ordinance concerning the specific act of noise
disturbance by construction machinery or operations under subsection (1) of Sec.
13-21. Specific acts as noise disturbance. or under the provision of Sec. 13-20.
General prohibition. would produce serious economic hardship for Ntelos PCS
and Design Telecommunications, Inc. without producing any substantial benefit
to the public.
3. That the provisions of Sec.13-21. Specific acts as noise, subsection (1) and Sec.
13-20. General prohibition. of Article II. NOISE of Chapter 13. OFFENSES -
MISCELLANEOUS be WAIVED for a period from May 14, 2008 until August 31,
2008.
4. This Waiver is granted specifically to Design Telecommunications, Inc., its
officers, employees and agents for maintenance work and related activities at
May 27, 2008
441
various locations in Roanoke County, Virginia.
5. That this Waiver may only be extended upon written application and approval by
the Board of Supervisors.
6. That this Resolution shall be in full force and effect from its passage.
On motion of Supervisor McNamara to adopt the resolution as amended by
Mr. Mahoney and Supervisor Church, and carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
2. Reauest for approval of bid award for construction of the new
North County Fire and Rescue station. (Rick Burch. Chief of Fire
and Rescue)
A-052708-14
Mr. Hodge advised that Chief Burch made a presentation to the Board at
the work session today on this subject but was unable to attend the evening session
due to illness. Mr. Hodge advised that Chief Burch shared with the Board the number of
calls that are being handled by the Hollins Fire Station which is the busiest station in the
County. Mr. Hodge advised that the Board authorized the purchase of land and moving
forward with the request for bids for construction of a new station to accommodate
many of the calls from the Hollins Fire Station which would in turn improve response
times for the entire system. He advised that $4.2 million was budgeted for the project,
and four bids were received with the lowest bid submitted by G & H Contracting Inc. for
$3,024,900. He advised that staff recommends that the Board award the bid to G & H
Contracting, Inc., and he expressed appreciation to the Board for their continuous
support of this project. He advised that this will be an outstanding new station.
There was no discussion.
442
May 27,2008
Supervisor Flora moved to approve the staff recommendation and made
the following comments before voting. He commented that the Hollins Fire Station is
the busiest station in the County, and once this new station opens, the Hollins Station
and the new station will become the third and fifth busiest stations in the County. He
advised that many of the calls being covered by the Hollins Station are coming from
Vinton, Read Mountain, Masons Cove, and Roanoke City, and the new station will make
it easier for the other stations to answer the calls within their districts. He advised that
this new station is going to have more of an impact than just in Hollins; it will have an
impact all the way to Mount Pleasant because if Vinton covers Hollins, Mount Pleasant
has to cover Vinton, and it creates a domino affect. He advised that this station is long
overdue and will result in better fire and emergency services protection for all citizens.
Supervisor Flora's motion to approve the staff recommendation (award the
construction contract for the North County Fire/Rescue station to G & H Contracting,
Inc. in the amount of $3,024,900) carried by the following recorded yote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
.1: CONTINUED UNTIL JUNE ~ 2008. AT THE REQUEST OF THE
PLANNING COMMISSON. Second readina of an ordinance upon
the oetition of Terry and Tammv Small. DBA 3rd Dav Arcade. to
obtain a Soecial Use Permit in ~ C-2C, General Commercial
May 27,2008
443
District with Conditions. to ooerate an indoor commercial
amusement and Reliaious Assembly on 3.08 acres located at 6449
Williamson Road. Unit 6435. Hollins Maaisterial District. (David
Holladay. Planner !!ll
Chairman Flora advised that this item has been continued until June 24,
2008, at the request of the Planning Commission.
2. Second readina of an ordinance uoon the oetition of Grant
Avenue Develooment to obtain .! 50ecial Use Permit in .! C-2.
General Commercial District. to ooerate .! drive-in and fast food
restaurant on 1.13 acres located on Challenaer Avenue. at Valley
Gateway Park. Vinton Maaisterial District. (David Holladay.
Planner !!ll
0-052708-15
Mr. Holladay advised this is a request to construct an Arby's drive-in and
fast food restaurant consisting of 3,004 square feet on an outparcel in Valley Gateway
Park on Challenger Avenue. He advised that the property is currently zoned C-2,
General Commercial District, and is designated in the Comprehensive Plan as Core
future land use. He advised that Core areas encourage high intensity urban
development appropriate for larger-scale highway-oriented retail uses and regionally-
based shopping. He advised that the adjoining property on Route 460 and where the
444
May 27, 2008
new Kroger store is being built is zoned C-2, and the properties across the street are
zoned C-1, R-3, and R-1.
Mr. Holladay advised that the Planning Commission heard the petition on
May 6, 2008, and no citizens spoke. He advised that staff had suggested several
conditions dealing with the building appearance, front signage, and dumpster screening.
He advised that the Planning Commission preferred the building elevations that were
submitted with the original documents and decided not to approve the first and second
conditions proposed by staff that dealt with building exterior and roof color.
Mr. Holladay reported that the Planning Commission approved the special
use permit by a vote of three to one with the following three conditions: (1) A
monument-style sign shall be constructed measuring no greater than 10 feet tall and 7
feet wide. The sign shall be illuminated by ground lighting with shielded lamps only.
The sign face shall be surrounded by brick to match the building. No moveable letters or
changeable copy shall be permitted. (2) The sides and rear of the dumpster enclosure
shall be brick construction to match the building fa<;ade. (3) The dumpster enclosure
shall be screened by tree and shrub plantings, additional trees shall be planted in the
parking lot, a perimeter planting bed shall be designed in front of the parking spaces
facing Challenger Avenue.
Daniel Lovern, 748 Myrtle Drive, Salem, Virginia, advised that he is
Director of Operations for Grant Avenue Development. He stated that they are very
concerned about the situation with the signage on the property and not being able to
May 27 I 2008
445
complete with the existing signage along Route 460, most of which falls within what is
allowed in height and size under the County's sign ordinance. He advised that they are
requesting that the signage they originally presented be considered which was a 25 foot
Arby's sign with an electronic reader board. He stated that they feel this sign is
necessary to be competitive in the area.
Supervisor Altizer inquired if the front of the building will be facing
Challenger Avenue. Mr. Lovern advised that the front will face Challenger Avenue
which will require them to construct a reverse drive-thru arrangement. Supervisor
Altizer inquired about the size of the truck that will deliver the food. Mr. Lovern advised
that the truck will be a standard size 18-wheeler from upstate New York. Supervisor
Altizer advised that as he reviewed the design and layout of the parking lot, he was
concerned about the clearance for the trucks if they use the drive-thru and go past the
dumpster area. Richard White from LMW Engineering Architecture advised that they
will utilize the area around the corner of the building. Mr. Lovern advised that the
majority of the deliveries will be key drops at night when the restaurant is closed which
will allow them to use whatever space is necessary and they will not interfere with the
traffic flow.
Chris Craft, 1501 East Gate Avenue, Roanoke City, advised that he
previously requested that the Board approve the rezoning for the Sonic Restaurant and
Applebee's. He requested that the Board grant this request and stated that he agreed
with Mr. Lovern that Arby's will need a decent size sign to compete on Route 460. He
446
May 27, 2008
advised that as you go down Route 460, you cannot even see the Sonic sign; however,
you can see the 30 foot signs for Wal-Mart and Lowe's. He advised that the Board
should work with the petitioner and find an appropriate size sign that people can see
when they are going east and west. He advised that the Board should want to bring
business to the County, and he wants to keep people from going to Valley View Mall
just to buy food. He asked that the Board grant the petition to bring Arby's to the
eastern part of Roanoke City and Roanoke County, and allow them to put up the sign
they need to attract the customers.
Supervisor Altizer advised that this lot is between two other lots that are
located closer to Challenger Avenue, and he believes that the sign location was
configured because the Virginia Department of Transportation (VDOT) right-of-way off
Challenger is approximately 95 feet back from the pavement edge which includes a 15
foot setback. Mr. Holladay advised that this was correct. Supervisor Altizer advised
that the VDOT right-of-way is not as great. for the parcel that is closest to Valley
Gateway Drive where the Kroger 20 foot sign is going to be located. Mr. Holladay
advised that this was correct.
Supervisor Altizer advised that he spent a great deal of time looking at this
property and advised that the Sonic sign which is about four-feet tall is very difficult to
see. He advised that Applebee's has an approximately 20 foot sign. He stated that he
does not want to have any more 25 foot signs than necessary; however, fast food is a
very competitive business and you have to consider the contiguous properties and there
May 27,2008
447
are other signs of 20 feet, 25 feet, and 50 feet in the Challenger Corridor. He advised
that the County's ordinance allows 25 feet signs unless it is a special use permit
request, and advised the petitioner could install a 25 foot sign if he did not need a
special use permit. He advised that a 25 foot sign which is 95 feet off the edge of the
pavement is not going to appear as high as a sign sitting 25 or 30 feet off the pavement.
He advised that the County's ordinance concerning special use permits allows the
Board to conduct a case-by-case analysis to find the appropriate height of signs.
Supervisor Altizer advised that the Planning Commission approved a 10
foot monument sign, and he advised that you would not see a 10 foot sign until you are
almost past the entrance into the Valley Gateway Park. He advised that when someone
is making an investment in a business, he would like for the Board to be as flexible as
possible so they will get a return on the investment and the business will succeed.
Supervisor Altizer advised that he wanted to remove Condition #1 and
insert a condition that would allow a 25 foot sign. He asked Mr. Mahoney if the Board
approved a 25 foot sign and if there is an agreement between Kroger and Arby's for a
20 foot sign, would this force the petitioner to return for Board approval in order to install
a 20 foot sign. Mr. Mahoney advised that the petitioner would have to return for another
approval and suggested that the condition specify that the height of the sign would not
exceed 25 feet. Mr. Mahoney stated that if the Kroger covenants and conditions were
for a sign less than 25 feet, the sign would still be within the range permissible by the
special use permit.
448
May 27,2008
Supervisor Altizer advised that he wanted the condition to read that the
sign allowable would not exceed 25 feet, and it will be a two-face reader board mounted
flush with the bottom of the Arby's hat and not exposing any of the pole that now exists
between the top of the hat and the reader board, and that both ends of the sign from a
side use shall be enclosed. He advised that his intention is that it shall be an electronic
reader board, brick encased, if so desired, for the width of the reader board from the
ground level up to the bottom of the reader board so that the only thing seen is a brick-
type monument sign with the electronic reader board flush on the Arby's sign.
Supervisor Altizer asked Mr. Mahoney to put the condition in proper language and
restated that the sign height was not to exceed 25 feet, the reader board shall be
mounted flush underneath the Arby's hat sign with no pole visible and enclosed on each
end, and with brick enclosing the width of the reader board sign from the ground level to
the bottom of the sign.
Mr. Mahoney suggested that the condition might include that the support
pole for the sign shall be completely enclosed in brick which matches the building
fayade from the bottom of the message board sign to the grade. Supervisor Altizer
advised that he wanted the material to be at least the width and depth of the reader
board, and enclose both ends.
Supervisor Altizer advised that he had a picture of the proposed building
which were submitted by the petitioner. He advised that he wanted to leave conditions
#2 and #3 as stated by staff and approved by the Planning Commission and add
May 27,2008
449
condition #4 that the submitted building would be in substantial conformity in size, color
and height as submitted in the photograph. Mr. Mahoney inquired if it was the intent of
the condition that the materials and colors of the building shall be as depicted in the
photograph that Supervisor Altizer has in his possession. Supervisor Altizer advised
that this was correct, and that this was the picture that Mr. Holladay had provided.
Supervisor Altizer advised that there was nothing in the staff report from the Planning
Commission that referenced that the building will be in substantial conformity with the
submitted picture or pictures.
Mr. Lovern advised that there is a reference on one of the drawings that
they must have an 874 block pinnacle prototype from Arby's and this may need to be
referenced in the conditions. Supervisor Altizer advised that he was referring to the
picture submitted with the Board's packet and he inquired of Mr. Mahoney if the 874
block pinnacle prototype had to be considered for the building. Mr. Mahoney advised
that he might be looking at the wrong picture but it looked to him like it was split block
and not brick in the picture. Mr. Mahoney advised that he believed the question from
the petitioner is that if Kroger demands a different material, does he have to come back
to the Board for an amendment. Mr. Mahoney that it was his understanding that
Supervisor Altizer's condition was specific to color and material, and if Kroger demands
something different, he would advise the petitioner to come back to the Board for an
amendment. Supervisor Altizer advised that he understood that Kroger might dictate
the height of the sign but he asked if they would also dictate the color or blocks or things
450
May 27, 2008
of that nature. Mr. Lovern advised that having been involved in many developments, he
felt that a change by Kroger might be a possibility.
Supervisor Altizer advised that he thought this was a good-looking building
and he. is basing his decision on the photograph before him and this is the substantial
conformity that he wants in the condition. He advised that he will let Kroger decide if
they want to put the developer through any additional work; however, he did not think
that Kroger would want to do that.
Supervisor McNamara asked the petitioner if split block would be an
acceptable option for the building and the other option could be all brick. Mr. Lovern
agreed that both options were acceptable. Supervisor McNamara suggested that the
Board include both of these options in the condition.
Supervisor Altizer advised Mr. Mahoney that he had two pictures and it
could be either split block or brick. Mr. Lovern asked for clarification if this would apply
to the sign base as well. Supervisor Altizer advised that it applies to the sign base;
however, the sign base would be the same material, brick or split face block to match
the building.
Supervisor Altizer advised that he was ready to make a motion to approve
the special use permit with the revision of condition #1 and addition of condition #4 and
asked the Clerk and Mr. Mahoney if they understood the changes to the conditions. Mr.
Mahoney advised that he understood the conditions. (Note from Clerk: Mr. Mahoney
May 27,2008
451
and Mr. Holladay provided the language for condition #1 and condition #4 as requested
by Supervisor Altizer.)
Supervisor Altizer moved to adopt the ordinance with the revision of
condition #1 and addition of condition #4 as follows: (1) The free standing sign shall be
limited to a height not to exceed 25 feet. The message board sign shall be mounted
flush with the bottom of the "Arby's hat" signage so that no part of the support pole is
visible. From the base of the message board to grade, the sign support pole shall be
completely enclosed with the same building material as the principal structure. This
material veneer shall be at least the width and depth of the message board, and shall
also enclose both ends of the message board. (4) The materials and colors of the
principal structure shall be in substantial conformity to the materials and colors as
depicted in the photographs attached to this ordinance and incorporated herein. The
motion carried by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 052708-15 GRANTING A SPECIAL USE PERMIT TO
OPERATE A DRIVE-IN AND FAST FOOD RESTAURANT ON 1.13
ACRES LOCATED ON CHALLENGER AVENUE AT VALLEY
GATEWAY PARK (TAX MAP NO. 50.01-1-5.12) VINTON MAGISTERIAL
DISTRICT, UPON THE PETITION OF GRANT AVENUE
DEVELOPMENT
WHEREAS, Grant Avenue Development has filed a petition for a special use
permit to operate a drive-in and fast food restaurant to be located on Challenger Avenue
452
May 27,2008
at Valley Gateway Park (Tax Map No. 50.01-1-5.12) in the Vinton Magisterial District;
and
WHEREAS, the Planning Commission held a public hearing on this matter on
May 6, 2008; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on April 22, 2008; the second reading and public hearing on this
matter was held on May 27, 2008.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Grant
Avenue Development to operate a drive-in and fast food restaurant to be located on
Challenger Avenue at Valley Gateway Park in the Vinton Magisterial District is
substantially in accord with the adopted 2005 Community Plan, as amended, pursuant
to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and
that it shall have a minimum adverse impact on the surrounding neighborhood or
community, and said special use permit is hereby approved with the following
conditions:
(1) The free standing sign shall be limited to a height not to exceed 25 ft. The
message board sign shall be mounted flush with the bottom of the "Arby's
hat" signage so that no part of the support pole is visible. From the base
of the message board to grade, the sign support pole shall be completely
enclosed with the same building material as the principal structure. This
material veneer shall be at least the width and depth of the message
board, and shall also enclose both ends of the message board.
(2) The sides and rear of the dumpster enclosure shall be brick construction
to match the building fa9ade.
(3) The dumpster enclosure shall be screened by tree and shrub plantings,
additional trees shall be planted in the parking lot, a perimeter planting
bed shall be designed in front of the parking spaces facing Challenger
Avenue.
(4) The materials and colors of the principal structure shall be in substantial
conformity to the materials and colors as depicted in the photographs
attached to this ordinance and incorporated herein.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Altizer to adopt the ordinance with the revision of
Condition #1 and addition of Condition #4, and carried by the following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
May 27,2008
453
3. Second readina of an ordinance uoon the oetition of Quarles
Petroleum. Inc. to rezone 1.0 acre from 1-2. Hiah Intensitv
Industrial District. to C-2. General Commercial District. for the
ouroose of constructina an unmanned aasoline station located at
3327 Shawnee Drive. Catawba Maaisterial District. (David
Holladav. Planner !ID
0-052708-16
Mr. Holladay advised that Quarles Petroleum is requesting a rezoning of
property from 1-2 to C-2 to develop an unmanned gasoline station. He advised that
gasoline stations are not allowed in industrial districts; however, they are allowed in C-2
commercial districts. He advised that the station will not be used by the general public
and will only serve the trucking fleets of its corporate clients. He advised that the
Comprehensive Plan designates this area as transition, and it is immediately adjacent to
parcels designated principal industrial. He advised that the transition area encourages
the orderly development of highway frontage parcels and generally serves as developed
buffers between highways and nearby or adjacent lower intensity developments. He
advised that while this use does not strictly conform to the transition designation, its
location affords relatively good access for truckers to utilize off West Main Street that
serves the existing industrial operations in the vicinity. He advised that the C&G Car
Mart, zoned C-2C, is located north of the property, and the remainder of the property is
surrounded by an 1-2 zoned parcel. He advised that parcels to the east across
454
May 27, 2008
Shawnee Drive and owned by the Virginia Department of Transportation are zoned 1-2,
and parcels to the south include a proposed site for a FedEx distribution center and the
Norfolk Southern railroad right of way.
Mr. Holladay advised that the Planning Commission heard this item on
May 6,2008, and no citizens spoke. He advised that the petitioners were present at the
meeting and he would ask them to speak about the layout of the facility and the
amenities they are proposing. He advised that the Planning Commission approved the
request by a vote of five to zero with the following three conditions: (1) The subject
property will be utilized solely as a gasoline station. (2) Any freestanding sign on the
property shall not exceed fifteen (15) feet in height with a minimum setback of fifteen
(15) feet. (3) The maximum height of any structure shall not exceed forty-five (45) feet
in height.
Maryellen Goodlatte, Glenn, Feldmann, Darby and Goodlatte, speaking on
behalf of the petitioner advised that they want to purchase a one-acre unimproved
parcel on Shawnee Drive between West Main Street and the railroad right of way in
order to construct an unmanned fueling station to serve the vehicles of its corporate
customers. She advised that Quarles Petroleum has been in the energy business for
more than seventy-five years and operates approximately 80 fueling stations in five
states with the majority of those stations located in Virginia. She advised that Quarles
Petroleum already has three locations in the Roanoke Valley and the location on West
Main Street in Salem will be replaced by the site being considered at this time if
May 27,2008
455
approved. She advised that the site is near the Roanoke City and Salem City boundary
and its West Main Street neighbor, an automobile dealership, is zoned C-2, the
neighbor on the other side, a Federal Express distribution center is zoned 1-2, and the
one-acre parcel which is between the two parcels is currently zoned 1-2. She advised
that the property must be down-zoned to C-2 in order to allow the gasoline station
because the gasoline station use is not a permitted use in the 1-2 district. She advised
that parcels on the other side of Shawnee Drive are zoned C-2 and 1-2 and are vacant.
She advised that the parcel frontage on West Main Street is zoned C-2 and advised that
down-zoning this one-acre parcel from 1-2 to C-2 fits into the existing zoning pattern
along Shawnee Drive.
Ms. Goodlatte advised that Mr. Holladay reviewed the proffers that staff
requested and the petitioner has agreed to the proffers. She advised that they
recognize that staff, while very comfortable with Quarles Petroleum and its use for the
property, wanted to have conditions that would bind any re-development of the property
in the future. She advised that they were pleased that the Planning Commission
recommended approval of the request by unanimous vote. She advised that Joe
Wolfinger, Quarles Petroleum; Paul Henninger, Lumsden Associates, and the civil
engineer from Quarles Petroleum were present if the Board had any questions.
There were no citizens to speak on this item.
Supervisor Flora inquired if the petitioner was comfortable with the proffer
concerning the height of the sign. Ms. Goodlatte advised that they worked with staff
456
May 27, 2008
concerning the proffer and although it mentions a height slightly higher than the sign
that Quarles intends to use, she advised that the petitioner agreed with the proffer.
Supervisor Church advised that he was recommending approval of the
request since due process has been held, the Planning Commission voted in favor of
the request, he has received no objections from citizens, and there were no changes
since the first reading.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 052708-16 TO REZONE 1.0 ACRE FROM 1-2, HIGH
INTENSITY INDUSTRIAL DISTRICT, TO C-2, GENERAL
COMMERCIAL DISTRICT, FOR THE PURPOSE OF
CONSTRUCTING AN UNMANNED GASOLINE STATION
LOCATED AT 3327 SHAWNEE DRIVE (TAX MAP NO. 55.02-2-
13.01), CATAWBA MAGISTERIAL DISTRICT, UPON THE
APPLICATION OF QUARLES PETROLEUM, INC.
WHEREAS, the first reading of this ordinance was held on April 22, 2008, and
the second reading and public hearing were held May 27,2008; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on May 6, 2008; 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 1.0
acre, as described herein, and located at 3327 Shawnee Drive (Tax Map Number
55.02-2-13.1) in the Catawba Magisterial District, is hereby changed from the zoning
classification of 1-2, High Intensity Industrial District, to the zoning classification of C-2,
General Commercial District.
2. That this action is taken upon the application of Quarles Petroleum, Inc.
May 27,2008
457
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 utilized solely as a gasoline station.
(2) Any free standing sign on the property shall not exceed fifteen (15) feet
in height with a minimum setback of fifteen (15) feet.
(3) The maximum height of any structure shall not exceed forty-five (45)
feet in height.
4. That said real estate is more fully described as follows:
Being all of Tax Map No. 55.02-2-13.1 and containing 1.0 acre and located at
3327 Shawnee Drive, Roanoke, VA.
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 Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
4. Second readina of an ordinance upon the petition of Liendo. Ltd.
to obtain ~ Special Use Permit in ~ C-2, General Commercial
District. to operate i drive-in and fast food restaurant on 0.172
acre located at 4321 Brambleton Avenue. Windsor Hills
Maaisterial District. (David Holladav. Planner !ill
0-052708-17
Mr. Holladay advised that the petitioner is requesting a permit for a drive-
in and take-out delivery service only and that use comes under the County's drive-in
and fast food restaurant definition. He advised that the restaurant building contains
approximately 2,100 square feet, has been vacant for a number of years, and the last
use was an aquarium and fish store. He stated that the site is limited in size and the
458
May 27, 2008
parking layout has almost built out the total site.
Mr. Holladay advised that the building will be utilized for the preparation of
food and beverages for take-out or delivery services. He advised that the applicant is
not proposing a drive-thru facility or table service for patrons, that the hours of operation
will be from 11 :00 a.m. until 11 :00 p.m. daily, and there will be no more than five
employees at the establishment at any given time. He advised that the applicant
anticipates approximately 420 deliveries per week with an average of 60 per day. He
advised that all orders purchased for take-out will be picked up by the customers inside
the establishment, and the take-out purchases will represent approximately 25 percent
of the overall business with 75 percent devoted to deliveries. He advised that the
adjacent properties and those in the surrounding neighborhood are zoned C-2, and the
adjacent uses include Tito's Italian Restaurant to the northeast, Country Cooking to the
southwest, and parking for Oakey Funeral Home to the northwest. He advised that
there are a variety of uses across Brambleton Avenue which includes a medical office,
general offices and retail sales.
Mr. Holladay advised that the petition was heard by the Planning
Commission on May 6, 2008, and no citizens spoke. He advised that there were
concerns expressed by the Planning Commissioners about the tight site and limited
parking. He advised that the Planning Commission approved the petition by a vote of
five to zero with the following conditions: (1) The subject property shall be utilized for
the operation of a drive-in/fast food restaurant with take-out and delivery services only.
May 27,2008
459
Due to existing site conditions, table service shall not be permitted with this use, nor
shall a drive-thru or a drive-up facility. (2) Total signage on the site shall not exceed
seventy-five (75) square feet, excluding directional and temporary signs. The existing
pole sign may be refaced, but shall not be expanded. He advised that the petitioners
were present.
Supervisor Flora advised that he did not see a site plan and inquired if the
petitioners would use the facility with the existing parking and make no modifications to
the ingress and egress. Mr. Holladay advised that Supervisor Flora was correct and
that the petitioners plan to set up the parking as best they can, and he believes that they
are working on agreements for shared parking with adjacent businesses.
Dennis Cronk advised that he was representing the petitioners and is the
owner of the property involved. He introduced Rubin Liendo and his sister, Grace
Niday, who own Grace's Pizza in Grandin Court. He advised that he and the petitioners
have worked very closely with County staff to find a workable solution for everyone. He
advised that he has owned the building since 1986 which was built when there was a
two-lane road and the size was reduced when the road was expanded to four-lanes. He
advised that the lot is non-conforming for site size which makes it difficult to find a use
to fit the building. He advised that he recently completely renovated the building which
had been vacant for the past three years. He advised that the Planning Commission
report reflects that they agree with their recommendations and advised that they
appreciated the Planning Commission's unanimous support.
460
May 27, 2008
There were no citizens to speak.
Supervisor McNamara inquired if the petitioner has to meet a certain
number of parking places per square foot for a take-out and delivery usage. Mr.
Holladay advised that the petitioner plans to use the existing parking lot which is already
non-conforming to the County's current standards; however, the County receives
requests for the re-use of buildings with this problem frequently and they make the
parking fit as best they can. Supervisor McNamara inquired if they utilize parking at the
restaurant next door, would this put the neighboring restaurant out of compliance on
parking. Mr. Holladay advised that it will be up to the neighboring restaurant to
determine how, and if, shared parking would work for them. Supervisor McNamara
advised that he was concerned about the parking situation at the property; however, he
does not have a solution, and he does not know what would work better than the
proposed take-out restaurant. He advised that he intends to support approval of the
request and would make the motion if no other comments are made. There were no
other comments.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 052708-17 GRANTING A SPECIAL USE PERMIT TO
OPERATE A DRIVE-IN AND FAST FOOD RESTAURANT ON 0.172
ACRES LOCATED AT 4321 BRAMBLETON AVENUE (TAX MAP NO.
May 27,2008
461
76.20-2-18) WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE
PETITION OF LlENDO, LTD.
WHEREAS, Liendo, Ltd. has filed a petition for a special use permit to operate a
drive-in and fast food restaurant to be located at 4321 Brambleton Avenue (Tax Map
No. 76.20-2-18) in the Windsor Hills Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
May 6, 2008; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on April 22, 2008; the second reading and public hearing on this
matter was held on May 27, 2008.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Liendo,
Ltd. to operate a drive-in and fast food restaurant to be located at 4321 Brambleton
Avenue in the Windsor Hills Magisterial District is substantially in accord with the
adopted 2005 Community Plan, as amended, pursuant to the provisions of Section
15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum
adverse impact on the surrounding neighborhood or community, and said special use
permit is hereby approved with the following conditions:
(1) The subject property shall be utilized for the operation of a drive-in/fast
food restaurant with take-out and delivery services only. Due to existing
site conditions, table service shall not be permitted with this use, nor shall
a drive-through or a drive-up facility.
(2) Total signage on the site shall not exceed seventy-five (75) square feet,
excluding directional and temporary signs. The existing pole sign may be
refaced, but shall not be expanded.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
462
May 27, 2008
5. Second readina of !!l ordinance uoon the oetition of Dharmendra
Patel to rezone 2.276 acres from 1-1. Low Intensity Industrial
District. to C-2. General Commercial District. for the ouroose of
constructina ~ hotel located at the corner of Plantation Road and
Hitech Road. Hollins Maaisterial District. (David Holladav.
Planner !ill
0-052708-18
Mr. Holladay advised that the proffered conditions listed as Exhibit A with
the ordinance were signed by Autumn Investments as the owner of the property last
week. He advised that the property was sold today to the petitioner who is now the
legal owner. He stated that the name and signature on the proffered conditions as
Exhibit A have been changed to reflect that Core-Hollins Hospitality, LLC is the owner
and advised that the ordinance, paragraph #3, will be changed. He advised that there
were no substantive changes to the proffers.
Mr. Holladay advised that the petitioner is requesting rezoning of the
property from 1-1 to C-2 to construct an eighty-two room hotel which now contains 2.276
acres due to some boundary adjustments. He advised that during the initial meeting
with the petitioner, County staff discussed the Williamson Road Hollins Village Master
Plan Design Guidelines as well as the on-going effort to develop the Hollins Area Plan,
and as a result of these discussions, the petitioner revised the building and site designs
and submitted proffers which specifically address their desire to achieve many of the
May 27, 2008
463
goals of these planning efforts. He advised that the petitioner's architect and the Hollins
University architect shared ideas about the building structure and the facade features
and appearance. He advised that space remains at the front of the property for another
commercial use and while that specific use is not shown, in the proffer statement, the
petitioner specifically states which uses would be allowed on the entire property and
states that the building structure and appearance will be consistent with the hotel
appearance. He advised that the remaining area is .75 acre, roughly triangular in
shape, and due to its size and configuration, the site would only support a relatively
small commercial use when considering the requirements for a new building, parking
areas, and landscaping.
Mr. Holladay advised that the County Comprehensive Plan designates the
site and the surrounding area as principal industrial and while this rezoning does not
specifically conform to that designation, the site could be evaluated as a corner frontage
lot on a primary state highway as well as a highly visible entrance to Roanoke County.
Mr. Holladay advised that the proposal has the potential to begin achieving some of the
goals of the new planning efforts in the Hollins area. He advised that as proffered the
hotel building would draw some design elements from the historic buildings at Hollins
University as well as building and site design guidance from the Williamson Road
Hollins Village Master Plan Design Guidelines. He advised that the surrounding zoning
is 1-1, low intensity industrial district, with lIT Night Vision located to the east across
Plantation Road, a single family dwelling located across Plantation Road, a vacant
464
May 27, 2008
parcel owned by ITT to the southeast, Cobb Tech to the southwest and Double
Envelope to the northwest.
Mr. Holladay advised that the Planning Commission heard the petition on
May 6, 2008, and no citizens spoke. He advised that there were some minor
adjustments to the original proffers which the Planning Commission accepted at that
time and the motion for approval carried by a vote of five to zero.
Mr. Holladay advised that as you drive up Hitech Road, there is a
driveway that serves the back parking lot of Double Envelope as a secondary access
drive. He advised that this driveway is located almost where the hotel would be placed
and will be relocated to the back part of the lot. He reported that the property for the
driveway will be subdivided and it will remain zoned as an industrial access driveway.
He advised that the driveway will then be combined with Double Envelope property. He
advised that while the original petition listed the entire parcel as 2.5 acres, the property
will be subdivided and the area that the petitioner is requesting to be rezoned is now
2.276 acres. He advised that if the Supervisors had questions about the location of the
area on the site plan, he had highlighted some drawings to show the specific area.
Daniel Barnes, Osterhoudt, Prillaman, and Natt, advised that he was
speaking on behalf of Mr. Patel concerning his petition for rezoning of a parcel located at
the intersection of Plantation and Hitech Roads. He advised that the request was to
rezone 2.276 acres from 1-1 to C-2, general commercial district, with certain proffered
conditions already given to the Board. He advised that Mr. Patel develops and operates
May 27, 2008
465
hotels and his properties include Comfort Suites on Kegey Road, Quality Inn on Electric
Road, and he is currently building a Comfort Suites in Salem. He advised that Mr. Patel
concluded from research that North County near Gander Mountain could utlilize another
hotel, and he discovered an undeveloped parcel next door to the presently existing
Double Envelope which is the parcel they are seeking to have rezoned. He advised that
a contract was entered into and the sale of the property closed around 2:30 p.m. today
and he advised that Mr. Patel is the record owner of the parcel. Mr. Barnes stated that as
already noted by staff, ownership is held by Core-Hollins Hospitality, LLC of which Mr.
Patel is a managing member. He requested that paragraph #3 of the ordinance show this
change, and a proffer statement signed by Mr. Patel as the owner was shown to the
County Attorney prior to the start of the meeting tonight.
Mr. Barnes advised that in Mr. Patel's first meeting with Roanoke County
staff, he was advised of certain design guidelines which are particular to Williamson Road
Hollins Village Master Plan as well as the efforts to develop a Hollins Area Plan, and
through the design stage of the hotel, Mr. Patel attempted to conform the design
presented tonight to those restrictions while recognizing that franchisor usually places
some restrictions on what can and cannot be done. He advised that after receiving
feedback from staff regarding the exterior of his first proposed hotel, Mr. Patel instructed
his design staff to meet with the Hollins University architect to determine if there was a
way to make the exterior design more closely resemble some of the buildings on campus.
He advised that after those discussions and the revisions were made, this presentation is
466
May 27,2008
a design that the Hollins University architect recommended would more closely match
with the buildings on the campus. He expressed appreciation to the Board for their
consideration of the proposal and advised that if there were any questions, he or Mr.
Patel would be glad to answer them.
There were no citizens present to speak.
Supervisor Flora advised that he was familiar with the site and inquired
how many units would be in the hotel. Mr. Holladay advised that there would be eight-two
rooms. Supervisor Flora advised that this is a tight site; however, there seems to be a fair
amount of open space between Plantation Road and the parking lot, and inquired if any
buffering or landscaping is being proposed for the area. Mr. Holladay advised that there
will be landscaping along the rights-of-way for both Plantation Road and Hitech Road;
however, the remaining space in front is where they anticipate locating another business
and both businesses will utilize the same entrance off Hitech Road. Supervisor Flora
advised that he thought this hotel would be a nice. addition to Plantation Road and
consistent with Hollins University and what may become the overlay district in that area.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 052708-18 TO REZONE 2.276 ACRES FROM 1-1,
LOW INTENSITY INDUSTRIAL DISTRICT, TO C-2, GENERAL
COMMERCIAL DISTRICT, FOR THE PURPOSE OF
CONSTRUCTING A HOTEL LOCATED AT THE CORNER OF
May 27,2008
467
PLANTATION ROAD AND HITECH ROAD (TAX MAP NO.27.06-
6-1), HOLLINS MAGISTERIAL DISTRICT, UPON THE
APPLICATION OF DHARMENDRA PATEL
WHEREAS, the first reading of this ordinance was held on April 22, 2008, and
the second reading and public hearing were held May 27,2008; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on May 6, 2008; 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
2.276 acres, as described herein, and located at the corner of Plantation Road and
Hitech Road (Tax Map Number 27.06-6-1) in the Hollins Magisterial District, is hereby
changed from the zoning classification of 1-1, Low Intensity Industrial District, to the
zoning classification of C-2, General Commercial District.
2. That this action is taken upon the application of Dharmendra Patel.
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 and which are attached hereto as Exhibit A signed by Core-Hollins
Hospitality, LLC, Owner.
4. That said real estate is more fully described as follows:
Being all of Tax Map No. 27.06-6-1 containing 2.276 acres and located at the
corner of Plantation Road and Hitech Road.
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 Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
468
May 27 I 2008
~. Second readina of an ordinance authorizina the vacation of riaht-
of-way shown as ~ portion of Brentwood Court on plat of Section
No. ~ of Kinaston Court. in Plat Book 1b ~ 39. of the Roanoke
County Circuit Court Clerk's Office. and retainina ! public utility
easement. Windsor Hills Maaisterial District. (Arnold Covey.
Director of Community Development)
Mr. Moneir advised that Mr. Covey was unable to attend the meeting. He
advised that this is a housekeeping item and staff is processing the vacation of a
residual right-of-way approximately 1,500 square feet which is not needed due to the
dedication ot the new right-ot-way tor Brentwood Court. He advised that the costs and
expenses associated with the vacation including publication, survey, and recordation
costs, shall be the responsibility of the petitioner. He advised that staff had previously
recommended approval ot the vacation; however, this morning an inquiry was received
from the Virginia Department ot Transportation (VDOT) and after discussing the matter
with Mr. Mahoney, staff was requesting that the Board hold the public hearing at this
time and deter any action on the ordinance until staff resolves the issues with VDOT.
The public hearing was held and there were no citizens present to speak.
Supervisor Flora advised that the Board will deter action on this item until
the next meeting on June 10, 2008.
May 27, 2008
469
z. Second readina of an ordinance amendina Section 8.1-9
Penalties. Iniunctions. and other Leaal Actions of Chaoter 8.1
Erosion and Sediment Control of the Roanoke County Code.
(Tarek Moneir. Deoutv Director of Develooment)
0-052708-19
Mr. Moneir advised this is a public hearing of an ordinance amending
Chapter 8.1-9 of the Roanoke County Code which outlines various civic penalties in
conjunction with the erosion and sediment control. He advised that as reported at the
May 13, 2008, meeting, since the adoption of the County's Erosion and Sediment
Control Ordinance in 2004, staff has been working with local developers and
homebuilders to protect the environment and water courses. He advised that in 2007,
the Virginia General Assembly gave the localities the authority to increase the civil
penalties and it was stated that the civil penalty shall not be less than $100 nor more
than $1,000. He advised that staff is recommending an increase less than the
maximum allowed by the statute.
Mr. Moneir reported that the civil penalties process has been an effective
tool in the enforcement of erosion and sediment control in Roanoke County, and
because of the administrative cost associated with the enforcement of this ordinance,
staff is recommending that the following civil penalties be increased: (1) Increase each
offense from $100 per day per violation to $300 per day per violation. (2) Increase
failure to obey a stop work order from $100 per day to $1,000 per day. (3) Increase
470
May 27, 2008
failure to stop work order when permit revoked from $100 per day to $1,000 per day.
(4) Increase the no event series of specified violations arising from the same operative
set of facts from $3,000 to $10,000. He advised that the ordinance would become
effective on July 1, 2008.
Mr. Moneir advised that staff recommended approval of the ordinance
amending Section 8.1-9 after holding the public hearing. He advised that staff met with
the Roanoke Regional Home Builders Association and local engineers in the Roanoke
Valley to discuss the ordinance and received no objections.
In response to Supervisor Flora's inquiry, Mr. Moneir advised that there
had been no changes since the first reading of the ordinance.
There were no citizens to speak, and there was no discussion.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 052708-19 AMENDING SECTION 8.1-9 "PENALTIES,
INJUNCTIONS, AND OTHER LEGAL ACTIONS" OF CHAPTER 8.1
EROSION AND SEDIMENT CONTROL OF THE ROANOKE
COUNTY CODE
WHEREAS, pursuant to the authority of Article 4. Erosion and Sediment Control
Law, Chapter 5, Soil and Water Conservation, of Title 10.1 of the Code of Virginia
(1950, as amended), the County of Roanoke, Virginia, is authorized to establish and
administer an erosion and sediment control program, including an Erosion and
Sediment Control Ordinance; and,
May 27,2008
471
WHEREAS, the 2007 session of the Virginia General Assembly amended
Section 10.1-562.J of the Code of Virginia for local erosion and sediment control
programs authorizing an increase in civil penalties; and
WHEREAS, legal notice and advertisement has been published in a newspaper
of general circulation within Roanoke County on May 13, 2008 and May 20, 2008; and,
WHEREAS, the first reading of this ordinance was held on May 13, 2008, and the
second reading and public hearing was held on May 27,2008.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That Section 8.1.9 "Penalties, Injunctions and other legal actions" of
Chapter 8.1 EROSION AND SEDIMENT CONTROL of the Roanoke County Code be,
and hereby is, amended to read and provide as follows:
Section 8.1-9. PENALTIES, INJUNCTIONS, AND OTHER LEGAL ACTIONS
A. Violators of this ordinance shall be guilty of a Class I misdemeanor.
B. Civil Penalties:
1. A civil penalty in the amount listed on the schedule below shall be
assessed for each violation of the respective offenses:
a) Commencement of land disturbing activity without an approved plan as
provided in Section 8.6-1 shall be $1 ,OOO/day.
b) Vegetative Measures - failure to comply with items 1, 2 and 3 of the
Minimum Standards shall be $300/violation/day.
c) Structural Measures - failure to comply with items 2, 4, 9, 10, 11, 15 and
17 of the Minimum Standards shall be $300/violation/day.
d) Watercourse Measures - failure to comply with items 12, 13 and 15 of the
Minimum Standards shall be $300/violation/day.
e) Underground Utility Measures - failure to comply with item 16(a) and/or (c)
shall be $300/violation/day.
f) Failure to obey a stop work order shall be $1,000/day.
g) Failure to stop work when permit revoked $1,000/day.
2. Each day during which the violation is found to have existed shall
constitute a separate offense. However, in no event shall a series of specified violations
arising from the same operative set of facts result in civil penalties which exceed a total
of $10,000, except that a series of violations arising from the commencement of land-
disturbing activities without an approved plan for any site shall not result in civil
penalties which exceed a total of $10,000. The assessment of civil penalties according
to this schedule shall be in lieu of criminal sanctions and shall preclude the prosecution
C. The Director of Community Development or his assignee may apply to the Circuit
Court of the County of Roanoke to enjoin a violation or a threatened violation of this
ordinance, without the necessity of showing that an adequate remedy at law does not
exist.
472
May 27 I 2008
D. In addition to any criminal penalties provided under this ordinance, any person
who violates any provision of this ordinance may be liable to the County of Roanoke in a
civil action for damages.
E. Civil Penalty Enumerated: Without limiting the remedies which may be obtained
in this section, any person violating or failing, neglecting, or refusing to obey any
injunction, mandamus or other remedy obtained pursuant to this section shall be
subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each
violation. A civil action for such violation or failure may be brought by the County of
Roanoke. Any civil penalties assessed by a court shall be paid into the Treasury of the
County of Roanoke, except that where the violator is the locality itself, or its agent, the
court shall direct the penalty to be paid into the State Treasury.
F. With the consent of any person who has violated or failed, neglected or refused
to obey any regulation or condition of a permit or any provision of this ordinance, the
County of Roanoke may provide for the payment of civil charges for violations in specific
sums, not to exceed the limit specified in Subsection 8(2) of this section. Such civil
charges shall be instead of any appropriate civil penalty which could be imposed under
Subsection B or E.
G. The County's Attorney shall, upon request of the County of Roanoke or the
permit issuing authority, take legal action to enforce the provisions of this ordinance.
H. Compliance with the provisions of this ordinance shall be prima facie evidence in
any legal or equitable proceeding for damages caused by erosion, siltation or
sedimentation that all requirements of law have been met, and the complaining party
must show negligence in order to recover any damages.
2. That the provisions of this ordinance shall be in full force and effect from
and after July 1, 2008.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
~. Second readina of an ordinance to increase the salaries of the
members of the Board of SUDervisors of Roanoke County
Dursuant to Section 3.07 of the Roanoke County Charter and
Section 15.2-1414.3 of the Code of Virainia. (Paul Mahonev.
May 27, 2008
473
County Attornev)
0-052708-20
Mr. Mahoney advised this is the second reading and public hearing of an
ordinance to increase the salaries of the Board of Supervisors as authorized and
provided by State Code and the County Charter. He advised that this ordinance
increases the Board's salaries by four percent which is the same amount that the Board
approved for County employees in the appropriations ordinance adopted today. He
advised each Board member will receive an increase of $637.92. He advised that the
ordinance also provides for an additional compensation of $1,800 per year for the
chairman and $1,200 per year for the vice-chairman. He requested that the Board vote
on the ordinance after holding the public hearing.
Chairman Flora advised that the compensation for the chairman and vice-
chairman is set by State Code and has remained the same for at least thirty-five years.
Supervisor Church advised that for clarification the $637.92 increase per
year equates to a $24.53 increase every two weeks or $1.75 per day.
Judy Hawks, 5314 Amanda Lane, advised that she supports the four
percent pay increase for the Board members. She advised that the nation is facing
many problems that threaten the natural resources, beauty and quality of life, and
citizens depend upon the Board members to make the best decisions for now and the
future. She advised that if the Board members are putting in as many hours as
Supervisor Moore, who is her representative, they probably make approximately .50 per
474
May 27,2008
hour, and commented that Supervisor Moore has facilitated community meetings and
responds to requests in a timely manner. She advised that when she first became
interested in local politics, she was surprised to learn that the Board members did not
have full time positions, and she feels that they should be upgraded to full time. She
advised that the Board cannot make well informed decisions if they did not have the
time to research the issues because of other responsibilities. She expressed the hope
that in a hundred years citizens could thank the Board for making informed decisions to
protect the natural resources, beauty, and quality of life, and hopes that the Board was
well compensated for their time, vision and wisdom. Chairman Flora thanked Ms.
Hawks for her comments.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES:
Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS:
None
ORDINANCE 052708-20 TO INCREASE THE SALARIES OF THE
MEMBERS OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY PURSUANT TO SECTION 3.07 OF THE ROANOKE
COUNTY CHARTER AND SECTION 15.2-1414.3 OF THE CODE OF
VIRGINIA
WHEREAS, Section 3.07 of the Charter of the County of Roanoke provides for
the compensation of members of the Board of Supervisors and the procedure for
increasing their salaries; and
WHEREAS, Section 15.2-1414.3 of the 1950 Code of Virginia, as amended,
establishes the annual salaries of members of boards of supervisors within certain
population brackets; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has
heretofore established the annual salaries of Board members at $15,947.94 by
May 27,2008
475
Ordinance 052207-13 and further has established the additional annual compensation
for the chairman for the Board to be $1,800 and for the vice-chairman of the Board to be
$1,200; and
WHEREAS, this section provides that the maximum annual salaries therein
provided may be adjusted in any year by an inflation factor not to exceed five (50/0)
percent; and
WHEREAS, the first reading on this ordinance was held on May 13, 2008; the
second reading and public hearing will be held on May 27,2008.
NOW, THEREFORE, it is hereby ORDAINED by the Board of Supervisors of
Roanoke County, Virginia, that the annual salaries of members of the Board of
Supervisors of Roanoke County, Virginia, are hereby increased by an inflation factor of
40/0 pursuant to the provisions of Section 3.07 of the Roanoke County Charter and
Section 15.2-1414.3 of the 1950 Code of Virginia, as amended. The new annual
salaries shall be $16,585.86 for members of the Board. In addition, the chairman of the
Board will receive an additional annual sum of $1,800 and the vice-chairman of the
Board will receive an additional sum of $1,200.
This ordinance shall take effect on July 1, 2008.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Altizer, McNamara, Flora
NAYS: None
IN RE:
REPORTS AND INQUIRIES OF BOARD MEMBERS
SUDervisor Altizer: (1) He congratulated the young people who
appeared before the Board tonight for distinguishing themselves in their fields of
accomplishments and advised that he was glad to recognize them. (2) He advised that
several citizens inquired recently about the time lines for the four elementary school
projects and asked Mr. Hodge to arrange for a briefing by Dr. Lange and the Chairman
of the School Board to provide information on these projects. Mr. Hodge advised that
he would arrange a briefing.
476
May 27,2008
Supervisor McNamara: (1) He requested that Mr. Hodge find out from
Mr. Workman why the project on Cave Spring Lane and Farmington Road was stopped
and report the status to him. (2) He expressed appreciation to the members of the
Employee Advisory Committee (EAC) for the annual picnic which was held at Camp
Roanoke recently. He advised that the event was nicely done, well attended, and he
congratulated the EAC for their efforts. (3) He advised that the Roanoke County
Prevention Council is completing their survey on the usage of illegal drugs and other
activities in middle and high schools. He requested that Mr. Hodge arrange for
someone from the Prevention Councilor School system to brief the Board on their
efforts and stated that this briefing would be a good way to make this information public.
Mr. Hodge advised that he would arrange the briefing.
Supervisor Moore: (1) She thanked everyone involved and staff for their
hard work on the annual picnic which was held recently at Camp Roanoke and advised
that it was a fun day. (2) She recognized her mother, Mary Eubank, who was present at
the meeting and advised that today was her birthday. She wished her mother a happy
birthday.
Supervisor Church: (1) He advised that citizens at Andrew Lewis Place
have contacted him and requested information regarding the water and sewer project
and the area it covers. He advised that these citizens may live a few streets out of the
designated corridor; however, he asked Mr. Moneir to pass this request to Arnold
Covey, Director of Community Development, and to the Western Virginia Water
May 27,2008
477
Authority, as he wants to provide the citizens with as much information as possible. (2)
He wished Ms. Eubank a happy birthday. (3) He thanked Ms. Hawks for taking the time
to speak tonight and for her positive comments.
SUDervisor Flora: (1) He advised that he was sorry that he had to miss
the picnic but he was out of town for the week. He thanked staff for their efforts at
organizing the picnic this year. (2) He asked Mr. Moneir to inform Mr. Covey that he
was missed at the meeting tonight.
IN RE:
ADJOURNMENT
Chairman Flora adjourned the meeting at 8:55 p.m.
Submitted by:
Approved by:
~~
Brenda J. olton, CMC
Deputy Clerk to the Board
~ ~~CI~ L ~cx,
Richard C. Flora
Chairman
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May 27,2008
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