5/12/2009 - RegularMay 12, 2009 315
County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
May 12, 2009
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of May 2009.
IN RE: CALL TO ORDER
Chairman Altizer called the meeting to order at 3:00 p.m. The roll call was
taken.
MEMBERS PRESENT: Chairman Michael W. Altizer, Vice-Chairman Joseph P.
McNamara, Supervisors Joseph B. "Butch" Church,
Charlotte A. Moore
MEMBERS ABSENT: Supervisor Richard C. Flora
STAFF PRESENT: B. Clayton Goodman III, County Administrator; John M.
Chambliss, Assistant County Administrator; Paul M.
Mahoney, County Attorney; Dan O'Donnell, Assistant County
Administrator; Becky R. Meador, Deputy Clerk to the Board;
Teresa Hamilton Hall, Public Information Director
IN RE: OPENING CEREMONIES
The invocation was given by Pastor Darren Potter, Community of Faith
Church. The Pledge of Allegiance was recited by all present.
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May 12, 2009
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of support for the National Guard and Reserve and
County employees who serve their country
R-051209-1
Chairman Altizer presented the resolution to Mike Kavanaugh, Chairman
of the Roanoke Area Committee of the Employer Support of the Guard and Reserve
(ESGR) established by the Department of Defense. Chairman Altizer thanked him for
his efforts on behalf of the individuals who serve in the National Guard and Reserve.
Mr. Goodman advised that several County employees serve in the
National Guard and Reserve and provide tremendous support for the nation. Chairman
Altizer and Mr. Goodman presented certificates to Mark Torbett, Pamela Huff, Timothy
Frazier and William J. Metz. Chairman Altizer advised that Morgan Yates, Aaron Akers
and David Todd Morris were unable to be present for the recognition.
Chairman Altizer expressed appreciation to those present and all
members of the National Guard and Reserve for their willingness to do extra duty to
protect the citizens.
Mike Kavanaugh advised that Morgan Yates, a County employee who
recently returned from Iraq nominated his supervisor, Tarek Moneir, Deputy Director of
Develop Services, to receive the ESGR award "My Boss is a Patriot." He presented Mr.
Moneir with a plaque from the National Committee of ESGR, a lapel pin that designated
him a patriot and an Army Reserve Ambassador's coin on behalf of Lt. General Jack C.
May 12, 2009 317
Stultz and himself for supporting the military. He advised that Mr. Moneir made sure that
Mr. Yates' job was secure and supported him while he was away. Mr. Moneir expressed
appreciation for the award and advised that other County staff also support the
employees who serve in the military.
As requested by Mr. Kavanaugh, Chairman Altizer read the Statement of
Support for the Guard and Reserve, which he signed on behalf of the County.
Each of the Board members expressed appreciation for the dedication of
the National Guard and Reserve employees.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
RESOLUTION 051209-1 OF SUPPORT FOR THE NATIONAL GUARD
AND RESERVE AND COUNTY EMPLOYEES WHO SERVE THEIR
COUNTRY
WHEREAS, since 1903, the National Guard and Reserve have been integral
parts of our nation's military force; and
WHEREAS, approximately 46% of our country's total available military
manpower is comprised of Ready Reserve components; and
WHEREAS, the patriotic men and women serving in the National Guard and
Reserve voluntarily train countless hours to maintain their mission of readiness; and
WHEREAS, the National Guard and Reserve aid people of all nations in times of
need and oppression; and
WHEREAS, the members of the Guard and Reserve deserve the continual
support and respect of all American citizens and employers; and
WHEREAS, all citizens should acknowledge in appropriate manner the sacrifices
made and services bestowed by the members of the National Guard and Reserve.
318 May 12, 2009
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, does hereby confirm its support for the National Guard and
Reserve and of County employees who serve their country in this vital role of preserving
our nation's security.
FURTHER, the Board of Supervisors declares its support of all of America's
service members and their families in times of war, crisis or peace.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
2. Proclamation declaring the week of May 10 through 16, 2009, as
Business Appreciation Week in the County of Roanoke
Mr. Chittum advised that Governor Kaine issued a proclamation for
Business Appreciation Week to thank the business community partners for their daily
contributions and leadership throughout 400 years of commerce in the Commonwealth.
"Caring in our Communities" was the theme of the week for 2009. He stated that Kroger,
which is a County company, exemplifies this theme. Jay Cummins, President, Kroger
Mid-Atlantic, accepted the proclamation on behalf of the business community. Fenton
Childers from Kroger was also present. Mr. Chittum advised that Kroger has a proud
history of charitable giving and is an outstanding ambassador for Business Appreciation
Week.
Chairman Altizer presented the proclamation to Mr. Cummins. Mr.
Cummins expressed appreciation to the Board for their support and was pleased to
accept the proclamation on behalf of all businesses. He advised that this is a special
year for Kroger Mid-Atlantic as it is their 80t" year of doing business in the County.
May 12, 2009 319
Each of the Board members expressed appreciation to Kroger and other
businesses for their contributions and community support of the County and the
Roanoke Valley.
2. Proclamation declaring the week of May 17 through 23, 2009, as
Emergency Medical Services Week in the County of Roanoke
Chairman Altizer presented the proclamation to Division Chief Dustin
Campbell. Division Chief Campbell advised that Richard Burch, Chief of Fire and
Rescue, was unable to attend the meeting. He explained that he was accepting the
proclamation on behalf of all of the career and volunteer Emergency Medical Services
providers in the County. He introduced the following persons who were present for the
recognition: Battalion Chief Billy Duff, EMS operations; Doug Adams, Vinton Volunteer
Rescue Chief and Rescue Volunteer Chief and Chairman of their Board; Captain David
Jones; Brandon King, paramedic firefighter; Lt. Mike Smith, firefighter; Jared Hall;
Danny Hughes; and Jeff Lawson. Division Chief Campbell expressed appreciation to
the Board for their assistance during a challenging budget year and their support of the
EMS and fire communities.
Volunteer Chief Adams expressed appreciation to the Board for their
assistance on behalf of the volunteer rescue squads and associations in the County and
Roanoke Valley.
Each of the Board members thanked the career employees and volunteers
for their service to the County.
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May 12, 2009
IN RE: BRIEFINGS
1. Public hearing to receive citizen comments regarding proposed
amendments to the fiscal year 2008-2009 budget in accordance
with Section 15.2-2507, Code of Vir inia Brent Robertson,
Director of Management and Bud et
Mr. Robertson indicated that this public hearing was being held to secure
citizen comment concerning the amendments to the fiscal year 2008-2009 budget. The
Code of Virginia provides that whenever such amendment exceeds one percent of total
expenditures or $500,000, whichever is the lesser, notice of the meeting and public
hearing must be published. He advised that this notice was published on May 5, 2009,
and the budget amendment is to request a reduction in the appropriation of funds in the
amount of $4 million, resulting from decreased revenue projections and State
allocations. Mr. Robertson advised that there would be no fiscal impact as a result of the
public hearing and a request for appropriation would occur later during the agenda.
There were no citizens to speak on this item.
2. Public hearing for the proposed budget for fiscal year 2009-2010
and the fiscal year 2010-2014 Capital Improvements Program
Brent Robertson, Director of Management and Bud et
Mr. Robertson advised that this public hearing was being held to receive
citizen comments on the proposed annual budget for fiscal year 2009-2010 and the
fiscal years 2010-2014 Capital Improvements Program. He stated that a summary of the
May 12, 2009 321
proposed budget was advertised in the Roanoke Times on May 5, 2009, and the budget
summary was distributed to all County Libraries. He stated that the total gross budget,
which includes the County Schools, is $371,307,730. He pointed out that this figure was
slightly different than what was advertised in the Roanoke Times because the budget
for the new garage had a difference of $1,550,427, which is reflected in the
appropriation ordinance. He advised that the budget number of $371,307,730 was
consistent with the amount in the appropriation ordinance.
Mr. Robertson reviewed the background of the development of the budget,
which included recognizing that there would be a $6.9 million revenue shortfall in the
current year. He advised that the tactics used to balance the current year's budget by
$6.9 million were as follows: (1) reducing departmental operating budgets - $1.8 million;
(2) freezing vacant positions - $1.4 million; (3) deferring capital expenditures - $825,000;
(4) reducing the school operating transfer - $1 million; and (5) accumulated balances
and other budget reductions - $1.875 million. He stated that a job bank was established
to review all vacant positions, restrictions were placed on travel and training and
purchasing limits were lowered.
Mr. Robertson advised that staff worked closely with the Board, outside
agencies and the School Board to balance the fiscal year 2009-2010 budget, which was
a very difficult task. The policy modifications and restrictions for the job bank, and limits
for traveling, training and purchasing limits will continue for fiscal year 2009-2010.
Departmental budgets will be reduced by $2.7 million, which represents approximately
322 May 12, 2009
20 to 25 percent of the departments' operating budgets, excluding personnel. He
advised that the budget for the Social Services Department was not reduced, the Police
Department was reduced 7 percent and the Fire and Rescue Department was reduced
6 percent. Department reductions resulted in the elimination of 12 positions for fiscal
2009-2010 year, which was done through eliminating current vacant positions and not
layoffs. He stated that the goal was to minimize the impact on services for citizens;
however, since the budget for fiscal year 2010-2011 is anticipated to be difficult, it may
be necessary to impact services and make difficult decisions at that time. Mr. Robertson
advised that the County was well positioned to deal with the difficult fiscal year 2009-
2010 budget and that the core services that citizens need have been protected
according to the Board's instructions.
Frank Hayes, 2242 Sorrel Lane, representing Brain Injury Services of
Southwest Virginia, expressed his appreciation to the Board for the grant they provided
this year. He advised that it was a difficult budget year for everybody and especially for
their clients with brain injuries in Southwest Virginia. He stated that their clients include
30 from the County and he appreciated the Board's support.
Chairman Altizer stated that Mr. Robertson outlined the major issues and
service levels of the budget as discussed in previous work sessions with the Board. He
advised that the second reading of the appropriations ordinance will be held May 26,
2009, and the adoption of the annual budget and Capital Improvements Program is
scheduled for May 26, 2009.
May 12, 2009 323
IN RE: NEW BUSINESS
1. Request to amend reduce the appropriation of funds in the 2008-
2009 fiscal year in the amount of $4,000,000.00 resulting from
decreased revenues Brent Robertson, Director of Management
and Bud et
A-051209-2
Mr. Robertson advised that at a work session held on December 16, 2008,
staff updated the Board on current year revenue estimates, which indicated that
projected revenues would fall short of the current revenue budget by $2,918,959. On
February 10, 2009, a public hearing was held and the Board amended the fiscal year
2008-2009 budget by reducing revenue and expenditure appropriations by $2,918,959.
On March 10, 2009, staff updated the Board on the revised revenue estimates, which
indicated an additional shortfall of $4 million in various revenue categories. The major
categories that were reduced include the following: (1) real estate tax revenues -
$280,000; (2) personal property tax revenues - $3.3 million; (3) sales tax - $175,000; (4)
hotel motel tax - $125,000; (5) meals tax - $100,000; and (6) permits fees and licenses
in the building area - $120,000.
Mr. Robertson advised that there was some positive news as fines and
forfeitures increased by $100,000. In order to reflect these revised estimates, staff is
proposing to again amend the fiscal 2008-2009 revenue and expenditure
appropriations.
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May 12, 2009
Mr. Robertson commented that, based on staff's briefing at the March 10,
2009, work session, expenditure appropriations will be reduced as follows: (1)
contributions - $140,000; (2) school operating transfer - $1 million; (3) Vinton gain
sharing - $75,000; (4) court service unit detention costs - $200,000; (5) health insurance
savings of the current year based on good experience - $500,000; (6) deferred capital in
the drainage program - $200,000; (7) Glenvar Library account balance - $450,000; (8)
balance in the illegal dump fund reserves - $50,000; (9) capital in the NPDES accounts
in the development area - $200,000; and (10) health insurance reserves - $1,185,000.
Mr. Robertson recommended that the Board amend the fiscal year 2008-
2009 appropriations by reducing both general government revenues and expenditures
by $4 million.
Supervisor Altizer asked Mr. Robertson to clarify for the viewing public the
amount of funds cut from the current budget. Mr. Robertson responded that the amount
was just over $6.9 million. Supervisor Altizer stated that reducing the budget by this
large amount, while not impacting services to citizens, was monumental.
Supervisor Altizer moved to approve the staff recommendation (amend
fiscal year 2008-2009 appropriations by reducing both general government revenues
and expenditures by $4 million). The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
May 12, 2009 325
2. Approval of an agreement regarding certain vacations,
dedications and work related to the development of a shopping
center in the Clearbrook area of Roanoke County, Vir inia Paul
Mahoney, County Attorne
A-051209-3
Mr. Mahoney distributed several plats and maps to the Board that he
received late last week from the attorney for Wal-Mart. He was unable to provide the
site plan dated 2008 with the Board's agenda because the elements on it became
confusing when it was reduced.
Mr. Mahoney advised that the agreement for the Board's consideration is
between Roanoke County, James L. Walker of Roanoke, LLC and Wal-Mart Real
Estate Business Trust. Mr. Walker developed the Land Rover dealerships on Route 220
and sold those dealerships to an entity in Crossroads, North Carolina, although Mr.
Walker retained ownership of the real estate. The agreement attempts to set out the
various actions to be taken by Wal-Mart, Mr. Walker and the County to implement a
2001 performance agreement between Roanoke County and James L. Walker of
Roanoke LLC, which provided certain incentives to the car dealerships. Mr. Walker has
substantially complied and met all of the anticipated new local revenues that were
contemplated under that performance agreement.
Mr. Mahoney advised that the one remaining item of the performance
agreement that has yet to be implemented is that Mr. Walker agreed to dedicate a 100
326 May 12, 2009
foot wide right-of-way to the County for the construction of a public highway connecting
a redesigned intersection of Buck Mountain Road and Stable Road at Route 220. In
2001 the County placed improvements to the Buck Mountain Road intersection on its
six-year secondary road plan. The Virginia Department of Transportation (VDOT) held a
citizen's informational meeting in March 2005 to consider various options for
improvements to the intersection of Buck Mountain Road, Stable Road and Route 220.
Mr. Mahoney related that the agreement will also implement the Board's
ordinance adopted in October 2006 that approved the rezoning and special use permit
for Holrob Investments LLC, developer of the approximately 41 acre site on the site
plan. Holrob has since transferred its interest in this development to Wal-Mart. He
advised that the several plats he distributed were attempts to clarify the different real
estate transactions that were contemplated by the performance agreement, the Board's
2001 rezoning and the County's long-range plans with respect to the intersection of
Buck Mountain Road, Stable Road and Route 220.
Mr. Mahoney pointed out on the site plan the redesigned, relocated and
new construction of Stable Road and the existing and proposed relocation of the Land
Rover test track. He advised that relocation of the Land Rover test track is part of an
agreement between Walker and Wal-Mart. He noted that condition nine (9) of the
special use permit adopted by the Board in October 2006 provided that the Franklin
Road/Stable Road intersection and the alignment of Stable Road shall be redesigned to
safely separate neighborhood and commercial traffic and was done to address the
May 12, 2009 327
concerns of the citizens living on Stable Road and Singing Hills Road. VDOT has
worked closely with Wal-Mart and County staff. Wal-Mart will construct a new alignment
for Clearbrook Village Lane and Stable Road. Mr. Mahoney stated that, according to the
agreement, the County would accept the donation of the new Stable Road after it is
constructed according to VDOT standards and the County would vacate and abandon
portions of Stable Road. He reported that under state law, when you abandon
secondary roads, half of the property goes to the property owner on one side and half
goes to the property owner on the other side, which means that half of the old Stable
Road would go to Wal-Mart; however, Wal-Mart has no interest in owning half of the
property and will donate or convey that land to Mr. Walker.
Mr. Mahoney pointed out on the site plan Clearbrook Lane and advised
that portions of Clearbrook Lane would be vacated or abandoned by the County. The
Board would have to hold a public hearing and adopt a resolution requesting that the
Commonwealth Transportation Board vacate or abandon the secondary road because it
would no longer be necessary. After Wal-Mart acquires all of the properties on both
sides of the existing Clearbrook Lane, that road would no longer be necessary and it
would be vacated or abandoned by Board action.
Mr. Mahoney indicated on the map a parcel of land approximately 1,913
square feet, which the County acquired by donation in 2002 when the County built
Clearbrook Village. He requested guidance from the Board on what to do with this small
tract of land and directed their attention to paragraph eight in the draft agreement, which
328 May 12, 2009
suggests that the County donate or convey that property to Wal-Mart. He recommended
that the Board covey that property to Wal-Mart since there is no purpose for the County
to own the land and it would be a potential liability; however, it is the Board's decision
whether to retain or sell the small parcel of land. He advised that the costs for an
independent appraisal and legal notice in the Roanoke Times would far exceed the
value of a parcel of 1,913 square feet located in the middle of a flood plain.
Mr. Mahoney explained that the draft agreement sets out the process and
sequencing of events for each party, calls for future actions by this Board and sets out a
variety of commitments and promises by each of the parties. He explained that many
portions of this agreement are agreements between Wal-Mart and Walker because they
are engaged in real estate transactions that do not necessarily directly address the
County.
Mr. Mahoney recommended that the Board approve this agreement and
requested some leeway from the Board, upon their approval, because the attorneys are
still working on the language of the agreement. He stated that he would represent to the
Board and there would be no substantial changes except to clarify or tighten up some of
the language. He requested direction from the Board on how they want to proceed with
the parcel of 1,913 square feet.
Supervisor Moore thanked Mr. Mahoney for his report. She stated that she
agreed it would be fine to dedicate the small piece of property to Wal-Mart and she
recommended approval of this agenda item.
May 12, 2009 329
Supervisor Moore moved to approve the staff recommendation (approve
the agreement). The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
IN RE: FIRST READING OF ORDINANCES
1. First reading of an ordinance to appropriate funds for the fiscal
year 2009-2010 budget and approval of the Classification Plan for
fiscal year 2009-2010 Brent Robertson, Director of Management
and Bud et
Mr. Robertson advised that the fiscal year 2009-2010 budget was
presented to the Board of Supervisors on April 14, 2009, and a public hearing was held
at this meeting to receive written and oral comment from the public. He stated that the
total County budget is $371,307,730, and includes all inter and intra-fund transfers,
which total $103,468,215 and includes the County Schools budget. The budget net of
transfers is $267,839,515. Staff recommends approval of the first reading of the fiscal
year 2009-2010 budget appropriation ordinance and approval of the classification plan
for fiscal year 2009-2010. He stated that the second reading and the resolution adopting
the budget are scheduled for the May 26, 2009, meeting.
There was no discussion.
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May 12, 2009
Supervisor Church moved to approve the first reading of the ordinance
and schedule the second reading for May 26, 2009. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
2. First reading of an ordinance amending the Roanoke County
Zoning Ordinance to revise or add regulations in the ordinance
dealing with open space in Single Family Dwelling, Attached and
Detached Cluster Subdivision O tion developments, Section 30-
82-13.1; the addition of regulations for portable temporary storage
containers; Signs, Section 30-93, specifically temporary signs;
Section 30-92, Screening, Landscaping and Buffer ay rds; and
Section 30-91-2, Off Street Parking, Stacking and Loading; and
related sections Phili Thompson, Deputy Director of Plannin
Mr. Thompson communicated that, as part of their annual review last
summer, the staff and Planning Commission identified five areas to update and review
in the zoning ordinance as follows: (1) open space in cluster developments; (2)
temporary signage; (3) landscaping and buffer yards; (4) parking standards; and (5)
temporary storage containers. Staff worked with the Planning Commission during the
fall and winter and held several work sessions to discuss and finalize the amendments.
May 12, 2009 331
The Planning Commission held a public hearing on April 7, 2009, and recommended
approval of the amendments by a vote of 5-0. Mr. Thompson remarked that the
amendments will be reviewed in a work session later today in order to have the second
reading and public hearing on May 27, 2009. Staff recommends approval of the first
reading of the ordinance.
There was no discussion.
Supervisor Altizer moved to approve the first reading of the ordinance and
hold the second reading and public hearing on May 26, 2009. The motion carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
3. First reading of an ordinance to adopt the Roanoke County
Design Handbook, which ~ provides recommendations for and
illustrates zonin development, and design concepts, and other
standards and regulations, and ~ covers issues concerning site
design, landscaping, transportation, and other features Phili
Thompson, Deputy Director of Plannin
Mr. Thompson advised that this item is related to the zoning ordinance
amendments in the previous agenda item. Staff is developing a handbook containing
illustrations of design concepts in the zoning and other County ordinances in an attempt
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May 12, 2009
to avoid confusion concerning the specific meaning of information written in an
ordinance. The design handbook includes graphics dealing with screening and
buffering, a list of plants and trees, identification of transportation concepts and
information about specific paving surfaces. The manual would be updated as new
standards are developed and it is anticipated that standards may be developed for
sidewalks, trails and/or private roads. It is a reference document that ties together
development, zoning and other ordinances.
Mr. Thompson advised that the Planning Commission held a public
hearing on April 7, 2009, and there were no citizens to speak. The Planning
Commission recommended approval by a vote of 5-0. He advised that staff
recommends approval of the first reading of the ordinance and scheduling the second
reading and public hearing for May 26, 2009. Mr. Thompson advised that there will be a
work session later today to review the design handbook.
Supervisor Moore expressed appreciation to the staff for working diligently
to complete the design handbook.
Supervisor Moore moved to approve the first reading of the ordinance and
hold the second reading and public hearing on May 26, 2009. The motion carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
May 12, 2009 333
4. First reading of an ordinance approving a residential lease at
Happy Hollow Park, Windsor Hills Magisterial District Janet
Scheid, Greenway Planner; Pete Haisli Director of Parks,
Recreation and Tourism
Mark Courtright, Assistant Director of Parks, Recreation and Tourism,
stated that this is the first reading of an ordinance to approve a residential lease for the
house located at 6697 Mount Chestnut Road and acquired by the County as part of the
acquisition of Happy Hollow Park. He reported that the house has been rented for the
past ten years and required renovations and repairs, which were completed by park
staff. Notice that the house was for lease was advertised in the Roanoke Times and a
young couple was chosen as the proposed tenants. He stated that the new tenants will
be good neighbors for those who visit the Happy Hollow House, which is adjacent to the
park property. The house will rent for $750 per month and this income will be used for
future maintenance of the property as it has been in the past.
There was no discussion.
Supervisor McNamara moved to approve the first reading of the ordinance
and schedule the second reading for May 26, 2009. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
334 May 12, 2009
5. First reading of an ordinance repealing section 13-14. Unlawful
accumulations of trash and rg owth of weeds; ublic nuisances
and abatement thereof and adopting a new Article IV. Entitled
"Weeds and Trash" of Chapter 13. "Offenses-Miscellaneous"
Paul Mahoney, County Attorne
Mr. Mahoney explained that this ordinance is a substantial rewrite of the
County's existing weeds and trash ordinance. He stated that staff has encountered
difficulties in enforcing the current weeds and trash ordinance. He advised that he has
worked with Mr. Thompson and John Murphy, Zoning Administrator, for several months
to tighten up some of the definitions in the ordinance and move to a civil penalty system
and away from a criminal penalty system to make enforcement more effective and
efficient. The civil penalty approach has been successful with the enforcement of the
erosion and sediment control ordinances and staff wants to translate that success to the
weeds and trash ordinance.
Mr. Mahoney advised that the ordinance improves definitions, establishes
a civil penalty system, specifies violations, provides for reporting of violations and
clarifies inspection and notice requirements. These changes are all based upon State
Code and there are two different civil penalties in State Code Sections 13-153-(a) and
153-(b), as detailed on page three of the draft ordinance. He advised that it seems
confusing that violation of one section calls fora $50 civil penalty while violation of the
second section calls fora $100 civil penalty; however, staff wanted to take advantage of
May 12, 2009 335
State Code provisions and more closely parallel that language in the County ordinance.
He pointed out that page five of the ordinance states that the Director of Community
Development, or his or her designee, may exempt from the application of this ordinance
certain parcels that are owned by the County or upon which the County has an
easement for storm water management facilities, repairing and buffers, flood plain
prevention areas or other environmentally sensitive areas.
Mr. Mahoney requested that the Board favorably consider adoption of the
ordinance at the first reading.
Supervisor Church advised that this ordinance was a positive step in the
right direction and would provide the County with a mechanism that could be refined in
the future as needed. He stated that at the proper time, he would move approval of the
ordinance.
In response to Supervisor Altizer's inquiry, Mr. Mahoney replied that
approval of this ordinance would not relieve a developer or a homeowners association
of its maintenance obligations under the storm water ordinance. Also, in response to
Supervisor Altizer's inquiry, Mr. Mahoney responded that it was his and, Director of
Community Development, Arnold Covey's opinion that a storm water detention pond
designated as wet land would probably be exempt from the ordinance.
Supervisor Church moved to approve the first reading and schedule the
second reading for May 26, 2009. The motion carried by the following recorded vote:
336
May 12, 2009
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
IN RE: SECOND READING OF ORDINANCES
1. Second reading of an ordinance approving the residential lease at
the Roanoke County Center for Research and Technology,
Catawba Magisterial District Anne Marie Green, Director of
General Services
0-051209-4
Ms. Green explained that this is the second reading of the ordinance and
the only change is that the name of the tenant has been inserted in the Board report
and ordinance. She stated that it is ironic that the only two log cabins for rent by the
County are on the Board's agenda at this time for approval of the leases.
There was no discussion.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
ORDINANCE 051209-4 APPROVING THE RESIDENTIAL LEASE OF THE
LOG CABIN LYING GENERALLY IN THE SOUTHEAST CORNER OF
THE ROANOKE COUNTY CENTER FOR RESEARCH AND
TECHNOLOGY PROPERTY (TAX MAP NO. 54.00-1-2) IN THE
May 12, 2009 337
CATAWBA MAGISTERIAL DISTRICT OWNED BY THE BOARD OF
SUPERVISORS OF ROANOKE COUNTY
WHEREAS, the Board of Supervisors of Roanoke County is the owner of a tract of
land containing 457.60 acres, being located in the Catawba Magisterial District and
designated on the Roanoke County Land Records as Tax Map No.54.00-1-2, which is
being developed for economic development purposes as the Roanoke County Center for
Research and Technology; and
WHEREAS, by Ordinance 031098-7, the Board of Supervisors authorized the
continued rental of the three residences on the property until such time as construction
would begin and require termination; and
WHEREAS, it would serve the public interest for the County to have the log cabin
occupied and maintained until such time as all or portions thereof may be needed for
economic development purposes; and
WHEREAS, on December 2, 1997, the Board authorized the creation of a self
balancing account entitled Glenn Mary Capital Account for acceptance of rent payments
and expenditure of the funds on maintenance of the property; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on April 28, 2009;
and the second reading will be held on May 12, 2009.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the County Administrator or his designee is hereby authorized to
execute a lease agreement with Linda Diane Hill for the log cabin residence having the
address of 4958 Glenvar Heights Boulevard, from June 2, 2009 to June 1, 2010, thereafter
continuing on a month to month basis, for a monthly rental of $750.00 to be paid into the
Glenn Mary Capital Account.
2. That the County Administrator or his designee is authorized to execute said
lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to
execute such other documents and take such further actions as are necessary to
accomplish this transaction, all of which shall be upon form and subject to the conditions
approved by the County Attorney.
3. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
338
May 12, 2009
IN RE: APPOINTMENTS
1. Clean Valley Council
Chairman Altizer requested that the Clerk contact Dennis "Chip" Harris
and Stephen McTigue to determine if they are willing to serve additional terms.
2. Court Community Corrections Program Regional Community
Criminal Justice Board
Chairman Altizer indicated that it was the consensus of the Board to
reappoint Sheriff Gerald Holt and asked that confirmation of his appointment be placed
on the Consent Agenda.
3. League of Older Americans Advisory Council
Chairman Altizer advised that it was the consensus of the Board to
reappoint Beverly Eyerly and that confirmation of her appointment had already been
placed on the Consent Agenda.
4. Parks, Recreation and Tourism Advisory Board (appointed
District
Supervisor McNamara reappointed Paul Bailey to represent the Windsor
Hills Magisterial District and requested that confirmation of his appointment be placed
on the Consent Agenda.
5. Roanoke Valley-Alleghany Regional Commission
Chairman Altizer requested that the Clerk contact Lee Osborne to
determine if he is willing to serve an additional term.
May 12, 2009 339
6. Roanoke Vallev Convention & Visitors Bureau Board of Directors
Chairman Altizer indicated that it was the consensus of the Board to
appoint County Administrator B. Clayton Goodman III and that confirmation of his
appointment had already been placed on the Consent Agenda.
7. Roanoke Vallev Greenway Commission
It was the consensus of the Board to reappoint Charles Blankenship and
that confirmation of his appointment be placed on the Consent Agenda.
IN RE: CONSENT AGENDA
R-051209-5
Supervisor McNamara moved to adopt the consent resolution. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT Supervisor Flora
RESOLUTION 051209-5 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 12,
2009 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 Item 1, as
follows:
1. Confirmation of committee appointments to the League of Older Americans
Advisory Council, Roanoke Valley Greenway Commission, Court Community
Corrections Program Regional Community Criminal Justice Board; Parks,
340 May 12, 2009
Recreation and Tourism Advisory Board; and Roanoke Valley Convention &
Visitors Bureau Board of Directors
That the Clerk to the Board is hereby authorized and directed where required by
law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
IN RE: REPORTS
Supervisor Altizer moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Flora
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Moore: She advised that there was a house fire on Starlight
Lane and that the Gibson family lost everything. If anyone would like to offer help,
information can be obtained by contacting the Clearbrook Elementary School.
IN RE: WORK SESSIONS
At 4:25 p.m. Chairman Altizer advised that there would be no closed
meeting and that the Board would go into work sessions at this time. Chairman Altizer
May 12, 2009 341
advised that the work session concerning the libraries would be held first and that the
other work sessions would follow in the order listed on the agenda. There was no
objection to this change.
1. Work session to discuss Library issues, including the status of
the South County Library rp oject; o tp ions for maintaining library
service in the Mt. Pleasant area; and the change in operating
hours for fiscal year 2009-2010 Diana Rosapepe, Director of
Library Services
The work session was held from 4:39 p.m. to 5:28 p.m.
Ms. Rosapepe gave a PowerPoint presentation on the redesign for the
new South County Library, a copy of which is on file in the Clerk's Office. She advised
that savings were obtained through using a smaller building footprint, alternative
building materials and design elements. Most of the reduction in the square footage
would be taken from the basement and garage bay. The project is scheduled to be rebid
in June, 2009.
The staff and the Board members reviewed the options for the temporary
housing of the Mt. Pleasant Library while Mt. Pleasant Elementary School is being
renovated. It was the consensus of the Board to lease a commercial building on Route
116 for atwo-year period with an option for a third year if necessary.
The staff and Board members discussed the proposed reduction of
service hours for the libraries for fiscal year 2009-2010. It was the consensus of the
342
May 12, 2009
Board that the hours of operation for the libraries would not be reduced. A suggestion
was made that the $45,000 anticipated savings be replaced by using the Board
Contingency Fund. The Board members directed staff to decide on a source to replace
the $45,000 funding and find funding of $25,000 for the Glenvar Library.
2. Work session to discuss the Federal Low Income Housing Tax
Credits Policy Phili Thompson, Deputy Director of Planning;
Nicole Gilkeson, Planner I~
The work session was held from 6:06 p.m. to 6:34 p.m.
Ms. Gilkeson presented a PowerPoint. During the presentation she
explained the Federal Low Income Housing Tax Credit (LIHTC) Program, suggested
criteria for evaluating proposed LIHTC projects and proposed establishing a County
policy. A copy of the presentation is on file in the Clerk's Office. She advised that the
proposed project evaluation criteria included the following: (1) zoning; (2)
comprehensive plan; (3) current use of property; (4) surrounding neighborhood; (5)
impact on schools; (6) redevelopment or rehab of existing multi-family units; (7)
proximity to public transit; (8) mixed-income; and (9) income limits.
It was the consensus of the Board to not allow 100 percent developments
for any income level, that the County would support mixed income level developments
and that proximity to another low-income development should be included in the
proposed project evaluation criteria.
May 12, 2009 343
3. Work session to discuss the County's Secondary Roads System
Six-Year Improvement Plan for Fiscal Years 2009-2015 and
Revenue Sharing Priority List for Fiscal Year 2009-2010 Arnold
Covey' Director of Community Development; Phili Thompson,
Deputy Director of Planning; Teresa Becher, Transportation
Engineering Mana er
The work session was held from 6:35 p.m. to 7:22 p.m.
Mr. Covey and Mr. Thompson reviewed the County's Secondary Roads
System Six-Year Improvement Plan and Revenue Sharing Priority List via a PowerPoint
presentation, a copy of which is on file in the Clerk's Office. Staff attending from the
Virginia Department of Transportation (VDOT) was introduced. It was pointed out that,
in the Salem District, Roanoke County's funding over 6 years for secondary roads has
been reduced from $21 million in 2008 to $9 million in 2009 and there is a new tier
program for matching funds. Roanoke County received $3.76 million in VDOT
allocations during the current fiscal year for secondary road improvement projects. The
County's budget for fiscal years 2009-2015 is estimated to be approximately $1.58
million, which is a decrease of $2,171,952. Those funds will be divided into two funding
categories in the six-year plan: $80,000 for County-Wide Incidental Improvements and
$1.58 million for Numbered Projects and the projects in these two categories were
explained briefly. It was stated that VDOT is not allocating any funds to the County for
the Rural Addition Program, due to a minimal balance of $533,426.
344
May 12, 2009
The Board requested that staff bring back to the Board multiple preferred
recommendations for the adoption of the six-year secondary road plan. It was the
Board's desire to keep this process nonpolitical.
4. Work session to discuss proposed amendments to the Roanoke
County Zoning Ordinance to revise or add regulations in the
ordinance dealing with open space in Single Family Dwelling,
Attached and Detached Cluster Subdivision O tion
developments, Section 30-82-13.1; the addition of regulations for
portable temporary storage containers; Signs, Section 30-93,
specifically temporary signs; Section 30-92, Screening,
Landscaping and Buffer ay rds; and Section 30-91-2, Off Street
Parking, Stacking and Loading; and related sections Phili
Thompson, Deputy Director of Planning; John Murphy, Zoning
Administrator)
The work session was held from 7:22 p.m. to 7:38 p.m.
Mr. Murphy reviewed the proposed changes to the Zoning Ordinance. The
Board suggested that additional revisions be made to the temporary sign ordinance.
5. Work session to discuss the adoption of the Roanoke County
Design Handbook which ~ provides recommendations for and
illustrates zonin development, and design concepts, and other
standards and regulations, and ~ covers issues concerning site
May ~2, 2oos 345
desi n landscaping, transportation, as d other features Priili
Thompson, De u Director
The work session was held from 1:39 p.m. to 7:48 p.m.
Megan Cronise, Principal Planner, reviewed the contents of the draft
Roanoke County Design Handbook. The chapters of the handbook include Site Design,
Landscaping, Transportation and Other Features and illustrate standards for zoning and
other County ordinances in an easy-to-follow format, The handbook will be revised and
expanded in the future as new standards are developed.
IN RE: ADJOURNMENT
Chairman Altizer adjourned the meeting at 7:49 p.m. with Supervisor Flora
absent.
Submitted by:
~~ //] ~
~v
ecky R. M do
Deputy Clerk to the Board
Ap roved by:
..
~~
Michael W. Altizer
Chairman
346
May 12, 2009
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