11/17/2009 - Regular (3)
November 17, 2009
801
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
November 17, 2009
The Board of Supervisors of Roanoke County, Virginia, met this day at the
Roanoke County Administration Center, this being the third Tuesday and the only
regularly scheduled meeting for the month of November 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, Richard
C. Flora
MEMBERS ABSENT:
Supervisor Charlotte A. Moore
STAFF PRESENT:;
B. Clayton Goodman III, County AdministratorDaniel R.
O’Donnell, Assistant County Administrator; Diane D. Hyatt,
Assistant County Administrator; Paul M. Mahoney, County
Attorney; Becky R. Meador, Clerk to the Board; Teresa
Hamilton Hall, Public Information Director
IN RE: OPENING CEREMONIES
The invocation was given by Rabbi Kathy Cohen, Temple Emanuel. The
Pledge of Allegiance was recited by all present.
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IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Ms Meador requested that New Business Item 2 (Resolution to accept
Eagle Crest Drive and Piney Ridge Drive into the Virginia Department of Transportation
(VDOT) Secondary Road System) be moved to the Consent Agenda as Item 6. There
were no objections to moving this item.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of the Lions Club District 24-E, Carilion Diabetes
Management Program and Camp Roanoke for their outstanding
partnership in support of "Camp Too Sweet” (Marcus Ordonez,
Assistant Director of Recreation)
Mr. Ordonez advised that the Lions Club District 24-E, Carilion Diabetes
Management Program and Camp Roanoke were being recognized for their partnership
in support of Camp Too Sweet. The Lions Club provided financial and membership
support and Carilion provided staff support for the camp, which was held at Camp
Roanoke. This is the fourth year that the camp has been held and it continues to
provide a high-quality summer camp experience for young adults ages 7 to 16 with
diabetes. Mr. Ordonez stated that this year the Lions Club District 24-E received a
second place International Award for Camp Too Sweet and Carilion and Camp
Roanoke received an Everyday Hero Award from the Lions Club of District 24-E for the
camp. He expressed pride in the County’s partnership with the Lions Club and Carilion
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and stated that the County looks forward to working with them for many years. He
advised that Greg Martin, Manager of Camp Roanoke, was present for the recognition.
Mr. Martin presented a certificate of recognition to Carilion Health
Systems, which was accepted by Debbie Suave, Coordinator, Diabetes Management
Program; Cindy Smith, Cardiac Services Manager; and Steve Arner, Vice-President of
Carilion Vascular Services. Mr. Ordonez presented a certificate of recognition to the
Lions Club of District 24-E, which was accepted by Don Rhinehart, Current District
Governor, and Bill Brammer, Past District Governor.
Ms. Suave, Director of Camp Too Sweet, advised that fifty-six children
participated in the camp this year and she provided a picture of those attending for the
Board’s review. The camp’s diverse staff of professionals and volunteers manages the
children’s diabetes during the week-long residential program. It is a wonderful
opportunity for children to attend the camp from Virginia as well as other states. She
stated that it was a privilege to be the director for the camp and expressed her
appreciation to the Board for the recognition.
Chairman Altizer and the Board members expressed their appreciation to
everyone involved for their efforts and partnership, which made this camp possible.
2. Presentation of Virginia Municipal League’s Certified Green
Government Award (Anne Marie Green, Director of General
Services)
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Ms. Green advised that the County received this award from the Virginia
Municipal League’s Green Government Initiative for participation on the International
Council for Local Environmental Initiatives (ICLEI) and reducing the County’s carbon
footprint. She expressed appreciation to the Board members for their support of the
County’s participation in ICLEI. She explained that the plaque was made of recycled
materials
Chairman Altizer advised that a portion of the State of the County Address
that he gave this morning concerned the County’s efforts to become greener and
environmentally responsible. He expressed appreciation to the staff for their work with
ICLEI.
Supervisors McNamara, Flora, and Church expressed their
congratulations and appreciation for staff’s efforts to receive this award. Supervisor
Church advised that Supervisor Moore had asked him to convey her congratulations for
receiving the award.
Ms. Green thanked the Board for their support and stated that she would
be requesting a work session with the Board in the near future concerning funding
initiatives.
IN RE: BRIEFING
1. Briefing on Green Ridge Recreation Center Progress (Daniel R.
O’Donnell, Assistant County Administrator; Pete Haislip, Director
of Parks Recreation and Tourism)
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Mr. Haislip presented a PowerPoint to update the Board on the status of
the Green Ridge Recreation Center, a copy of which is on file for inspection in the office
of the Clerk to the Board. The center is on target to be completed for the scheduled
January 1, 2010, opening. The building will be certified by the Leadership in Energy and
Environment (LEED) Green Building Rating System. More than 521 memberships have
been sold at this time and there are more than 1,357 members. However, he wanted to
emphasize and remind viewers that citizens do not have to become members to
participate in any of the activities at the Green Ridge Recreation Center. He thanked the
staff of the Parks, Recreation and Tourism Department and all others involved with the
Center for their hard work on the project. The presentation included a pictorial tour of
the facility and Mr. Haislip provided information about the features and amenities of the
Center. He also reviewed the progress on Splash Valley, an outdoor leisure pool being
marketed as a separate destination attraction.
Mr. O’Donnell advised that although the center is scheduled to open on
January 1, 2010, several activities have already been planned. The County’s annual
Christmas tree lighting and activities will be held at the Green Ridge Recreation Center
on December 7, 2009, and the official ribbon cutting for the center is tentatively
scheduled for December 15, 2009.
Mr. O’Donnell advised that the project’s budget is in good shape and they
were able to purchase exercise equipment and furnishings from the remaining
contingency funds. There have been no major change orders to the construction
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contract with Firstchoice, which is a testament to the design of the center by staff and
the architects. As with all construction projects, there have been some minor delays and
challenges and he expressed appreciation to the Western Virginia Water Authority and
the Roanoke County Fire Department for their assistance. A certificate of occupancy
has been received for all areas except for the indoor pool and the aerobics room. The
outdoor pool and concessions building will require a separate permit. He advised that all
of the indoor features will be ready on January 1, 2010. They have received outstanding
team support from Firstchoice, the contractors; Arcadis, the construction management
firm; and County staff from all departments. He thanked the Board for providing the
vision to move forward with this project, which will be an outstanding asset for the
community.
Chairman Altizer expressed appreciation to all concerned for getting the
center ready so he could give the State of the County Address there this morning. He
advised that the event went well and the building looked great. He asked Mr. O’Donnell
to pass along his appreciation to staff.
IN RE: PUBLIC HEARINGS
1. Public hearing to receive citizen comments regarding proposed
amendments to the fiscal year 2009-2010 budget in accordance
with Section 15.2-2507, Code of Virginia (Brent Robertson,
Director of Management and Budget)
Mr. Robertson advised that this is a public hearing to secure citizens’
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comments concerning amending the fiscal year 2009-2010 budget. The Code of Virginia
provides that whenever such amendment exceeds one percent of the total expenditures
or $500,000, whichever is lesser, the County must publish notice of the meeting and
public hearing. This notice was published on November 10, 2009.
Mr. Robertson advised that the budget amendments include the following:
(1) Appropriation of $15,250 from the asset forfeiture account for a sight feasibility study
for the proposed Criminal Justice Academy (2) Appropriation of funds in an amount not
to exceed $100,000 from the asset forfeiture account for environmental maintenance at
the Roanoke County Firing Range (3) Presentation of the results of operations for fiscal
year ended June 30, 2009, and the appropriation of $1,319,479 for year-end items to
include $1,000,000 to Roanoke County Public Schools, $159,903 for renovations to the
existing jail and $159,576 for Fire and Rescue (4) Resolution to accept and appropriate
funds in the amount of $65,330 and authorize the County Administrator to enter into a
joint new Stormwater Management Agreement with the Virginia Department of
Transportation (5) Request to accept and appropriate a grant administered by the U.S.
Department of Justice’s Bulletproof Vest Partnership in the amount of $16,237.50 (6)
Request to accept and appropriate a Criminal Justice Information Technology
Improvement Grant in the amount of $49,900 from the Byrne Justice Assistance Grant
Program. Mr. Robertson stated that there is no fiscal impact as a result of the public
hearing and requests for the appropriations will occur later during the agenda.
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Chairman Altizer opened and closed the public hearing. No citizens spoke
on this item.
IN RE: NEW BUSINESS
1. Resolution authorizing the County Administrator to enter into an
agreement with Virginia Department of Transportation (VDOT) to
locally administer the Merriman Road Roundabout Project
(George W. Simpson III, P.E., County Engineer)
R-111709-1
Mr. Simpson advised that the Board is being asked to approve a
resolution to authorize the County Administrator to enter into an agreement with VDOT
to locally administer the Merriman Road Roundabout Project. This is an important
project, which will address major concerns on Merriman Road at the intersection of
Meadowlark Road and provide access to Penn Forest Elementary School, Darryl Shell
Park and the new South County Library. The public hearing held last week was well
attended and the responses from citizens were very favorable. The project will be
advertised in January 2010 and the contract awarded in April 2010. The construction
will be scheduled to minimize any disruptions to the school and to avoid closing
Merriman Road until next summer. The project should be completed by fall 2010 and a
layout of the project was provided with the Board’s agenda.
In response to Supervisor McNamara’s inquiry, Mr. Simpson responded
that the County has a landscape architect in-house and an attractive plan has already
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been completed.
Supervisor Altizer moved to approve the staff recommendation. The
motion carried by the following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
RESOLUTION 111709-1 FOR APPROVAL OF COUNTY-STATE
AGREEMENT WITH THE VIRGINIA DEPARTMENT OF
TRANSPORTATION FOR THE MERRIMAN ROAD ROUNDABOUT
PROJECT
WHEREAS, Title 33.1 of the Code of Virginia provides for the availability of funds
for implementing approved improvements to public streets to enhance and promote
continued public safety along public streets; and
WHEREAS, Roanoke County is desirous of administering this local project,
consisting of the construction of a new roundabout on Route 613, Merriman Road at the
intersection of Meadowlark Road, Route 1564, designated by VDOT as project number
0613-080-773 (UPC #94796), for the purpose of improving that section of Route 613,
Merriman Road: and
WHEREAS, the Commonwealth Transportation Board has approved this project;
and
WHEREAS, the Virginia Department of Transportation (VDOT) has estimated the
cost of this project to be $1.2 million; and
NOW, THEREFORE, BE IT RESOLVED that the Roanoke County Board of
Supervisors hereby authorizes the County Administrator or his designee to enter into a
County-State agreement allowing the County to advertise, bid, award, and administer
the construction contract for certain road improvements to Merriman Road (Project #
0613-080-773 (UPC #94796) for the construction of a roundabout on Merriman Road
and for associated intersection improvements, said contract to be on a form approved
by the County Attorney.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
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2. Resolution to accept Eagle Crest Drive and Piney Ridge Drive into
the Virginia Department of Transportation (VDOT) Secondary
Road System (Arnold Covey, Director of Community
Development)
This item was moved to the Consent Agenda with Board approval.
3. Appropriation of $15,250 from the Asset Forfeiture Account for a
Site Feasibility Study for the proposed Criminal Justice Academy
(Daniel R. O’Donnell, Assistant County Administrator; Ray
Lavinder, Chief of Police)
A-111709-2
Mr. O’Donnell advised that the County established a Criminal Justice
Academy in 2008 to allow training programs for the Roanoke County Police
Department, Roanoke County Sheriff’s Office, Emergency Communication Center and
Western Virginia Regional Jail. Since its inception, the Academy has been located in the
Public Safety Center on Cove Road, which was not originally designed for this function.
This situation has resulted in crowded conditions at times and will ultimately result in
undue wear and tear on the Public Safety Center. In order to correct this condition, staff
has investigated several possible locations for the construction of the Academy facility.
One potential site, which seems feasible on face value, is owned by the Roanoke
County School Board and is located between Ponderosa Drive and the entrance to the
School Administration Center, adjacent to the Public Safety Center on Cove Road. Mr.
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O’Donnell reported that Mr. Goodman discussed using this site with the School Board
members and Dr. Lorraine Lange, School Superintendent, and was given verbal
permission to move forward with a preliminary engineering study to determine the
feasibility of the site for the proposed Academy.
Mr. O’Donnell continued that staff interviewed three architectural and
engineering firms and chose Lumsden Associates to perform the study for a fee of
$15,250. The scope of the study is divided into two phases. Phase 1 consists of a
review of topographical and grading issues, a dimensional layout, availability of utilities,
and stormwater management design options, which will include the feasibility of using
green technologies such as pervious paving and rainwater harvesting. The cost for this
phase is $7,500. If Phase 1 shows that the site can be used, the second phase would
include preparation of a survey and plat, providing eight soil borings and geotechnical
analysis and necessary laboratory testing. The cost of the second phase would be
$7,750, bringing the total cost of the study to $15,250.
Mr. O’Donnell continued that the $15,250 appropriation is being requested
from the asset forfeiture account of the Police Department. The specific source of the
funds is the $2.8 million awarded to the County by the federal government from the ITT
settlement. The use of these funds for the construction of the Academy has been pre-
approved by the federal government. No general fund dollars are planned to be used for
this project. Staff’s recommendation is to appropriate $15,250 from the asset forfeiture
account of the Police Department for the engineering study for this project.
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Supervisor Church stated that at the appropriate time, he would make a
motion to approve the staff recommendation. He commented that the County contacted
those citizens living near the project to inform them that the feasibility study would be
conducted. He requested that Mr. O’Donnell and Chief Lavinder attempt to ensure that
everyone has been contacted and reassured that only the feasibility study is being done
at this time. He expressed appreciation to the School Board and Dr. Lange for their
cooperation with Mr. Goodman’s request. He believes that another site is necessary for
the Academy to relieve conditions at the Public Safety Center.
Supervisor Church moved to approve the staff recommendation. The
motion carried by the following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
4. Appropriation of funds in an amount not to exceed $100,000 from
the Asset Forfeiture Account for Environmental Maintenance at the
Roanoke County Firing Range (Daniel R. O’Donnell, Assistant
County Administrator; Ray Lavinder, Chief of Police)
A-111709-3
Mr. O’Donnell advised that earlier this year, the Roanoke County Firing
Range was closed due to the need to maintain and upgrade the facility. The facility is
approximately nine years old and the earthen areas adjacent to the targets need to be
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rebuilt and maintenance is necessary for the shoot house and other components of the
facility due to normal wear and tear. The first step in the upgrading process will be to
remove the lead from bullets fired at the facility that are lodged in the ground and the
walls of the shoot house. The Police Department has obtained a survey of areas that
need lead removal. Based on this survey, the purchasing staff and the Police
Department have solicited proposals for the removal of the lead and stabilization of the
soil to eliminate any possibility of lead leaching into the ground water. The tentative
contract cost is different from the amount listed in the Board report because
negotiations were ongoing at that time. Negotiations have now been completed and the
tentative contract cost for the lead removal and soil remediation is $78,000. Depending
upon Board approval of this appropriation, the contract has been tentatively awarded to
a firm with a strong track record of successfully completing remediation projects
throughout the country.
Mr. O’Donnell advised that staff is requesting an appropriation of $100,000
to provide an additional contingency should unforeseen cost arise during the
maintenance process. Any funds remaining in the budget would be re-appropriated for
the actual design and rebuilding of the firing range after the environmental remediation
has been completed. Staff is requesting that the funds be taken from the asset forfeiture
account of the Police Department and specifically from the $2.8 million ITT settlement
awarded to the County by the federal government. The federal government has
approved the use of these funds for this purpose and no general funds will be used. He
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stated that staff recommends the appropriation of $100,000 from the asset forfeiture
account of the Police Department for environmental maintenance of the Roanoke
County Firing Range.
Supervisor Church commented that the question may be asked why the
Board could not appropriate these funds for another use. He explained that the ITT
grant funds can only be used for law enforcement purposes and cannot be used for
other purposes such as a playground or a park.
Mr. O’Donnell concurred that these funds are controlled by the Police
Department and must be spent for law enforcement purposes.
Chairman Altizer asked Chief Lavinder if he wanted to provide further
information for the citizens on how these funds could be used.
Chief Lavender stated that these funds are from the federal government
for assets that have been seized and forfeited and are primarily designated to be used
for some type of law enforcement function or activity. Staff has tried to be certain that
these funds are being spent appropriately and this use has been confirmed through
letters and telephone calls to Washington. He advised that Diane Hyatt, Assistant
County Administrator, contacted the officials in Washington and has assured staff that
the intended use is within the guidelines, which are very strict.
Supervisor Church expressed appreciation to Chief Lavinder and staff for
making sure that the guidelines were followed correctly for use of these funds.
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Supervisor Church moved to approve the staff recommendation. The
motion carried by the following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
5. Request to approve a Change Order with Arcadis, Inc. in the
amount of $31,152 (Daniel R. O’Donnell, Assistant County
Administrator)
A-111709-4
Mr. O’Donnell advised that he was requesting a change order in the
amount of $31,152 with Arcadis, Inc., construction management firm for the Green
Ridge Recreation Center. Construction is well underway and going very well. However,
there were some minor construction delays and there is a need to keep the construction
management firm onsite for thirty days longer than they were actually scheduled, until
the end of November, to ensure that all finishes, punch list and life safety items are
completed with the quality that citizens deserve.
Mr. O’Donnell continued that this change to the Arcadis contract,
combined with previous administratively approved changes, will exceed the original
contract amount of $858,392 by slightly more than 25 percent, which will necessitate
Board approval under Virginia law. The largest previously approved change was for
special inspections required by law and a separate special inspections firm was sub-
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contracted through Arcadis at a cost of $189,302. There were also costs previously
approved for design reviews and coordination above the amount in the original contract.
Arcadis worked diligently with the Parks, Recreation and Tourism staff and the
Firstchoice project architects to guarantee the design for optimum quality and operation.
The change order requested for onsite program management and oversight of the
project for an additional thirty-day period will cost $31,152, which makes the total
contract cost after the changes more than $1.1 million and over the 25 percent limit.
Mr. O’Donnell advised that the immediate funding source for the Arcadis
change order would be the project contingency; however, staff is currently negotiating
an agreement with Firstchoice Public Private Partners to provide a credit in the amount
of $55,000, which will be used to reimburse the project contingency for this cost.
Firstchoice has provided staff with a letter concerning this agreement. There will be no
additional cost to the County once the change order has been executed with Firstchoice
to provide this credit to the County.
Mr. O’Donnell stated that staff recommends that the Board approve the
change order with Arcadis in the amount of $31,152 from the project contingency.
There was no discussion.
Supervisor Flora moved to approve the staff recommendation. The motion
carried by the following recorded vote:
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AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
6. Presentation of the results of operations for fiscal year ended
June 30, 2009, and the appropriation of $1,319,479 for year-end
items to include $1,000,000 to the Roanoke County Public Schools,
$159,903 for renovations to the existing jail and $159,576 for Fire
and Rescue (Rebecca Owens, Director of Finance)
A-111709-5
Ms. Owens provided a summary of the County’s financial position for the
year ending June 30, 2009. Fiscal year 2009 presented challenging economic times for
the County in the delivery of services and maintaining the traditionally high standard of
living and quality of life. Unemployment rose to 4.6 percent as of June 30, 2009, and
although it compared favorably with the State average of 7.2 percent, economic
conditions continued to worsen throughout the Nation and many of the County’s major
revenue sources continued to decline. The County made mid-year budget adjustments
totaling $6.9 million, and had the budget not been adjusted, the County would have
ended the year with a $4 million deficit. However, actual revenues for the year ended
June 30, 2009, were approximately $2.9 million over budgeted revenue due to the use
of one-time revenues, belt tightening and larger than expected personal property
revenue. From the $2.9 million, $1 million will be returned to the schools, since they
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gave this money to the County to help with the projected deficit. The $159,903 collected
from Salem needs to be appropriated for existing jail renovations. The $159,576
collected from fee-for-service needs to be appropriated to Fire and Rescue. The
balance of $1.6 million will go to the general fund unappropriated balance per County
policies. Departmental expenditure savings, which amounted to $1.5 million, were the
result of departments delaying purchases, travel, training and the hiring of vacant
positions.
Ms. Owens reported that the Board of Supervisors and School Board
previously adopted a joint funding policy to provide for a funding stream for capital
projects in future years. The policies adopted by the Board allocated year-end funds to
the general fund unappropriated balance and the capital reserves. Based upon these
policies, year-end balances will be allocated as follows: (1) $1.6 million will be added to
the general fund unappropriated balance, bringing that total to $19.1 million or 10.2
percent of general fund revenues. (2) $409,880 will be allocated to the departments for
capital purchases. (3) $1.1 million will be added to minor capital, bringing this balance to
$2.8 million.
Ms. Owens continued that the upcoming year will again present many
challenges and the State funding financial market conditions and an uncertain economy
will continue to impact the County. She advised that staff recommends that the Board
approve the appropriation of $159,903 for renovations to the existing jail, $159,576 to
Fire and Rescue and $1 million to the Roanoke County Public School System.
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There was no discussion.
Supervisor Altizer moved to approve the staff recommendation. The
motion carried by the following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
7. Resolution to accept and appropriate funds in the amount of
$65,330 and authorize the County Administrator to enter into a
Joint Use Stormwater Management Agreement with the Virginia
Department of Transportation (VDOT) (George W. Simpson III, P.E.,
County Engineer)
R-111709-6
Mr. Simpson advised that staff is requesting approval of a resolution to
accept funds in the amount of $65,330 from VDOT. Staff typically reviews six-year
projects and projects proposed by VDOT to determine how stormwater management
can be coordinated. The McVitty Road project in Southwest County provided an
opportunity for VDOT to use the County’s regional facility at Hidden Valley High School
and avoid building small retention ponds. To use the County’s regional facility, VDOT
agreed to pay the County the amount of $65,330 for maintenance of the facility. This
request is based on efforts by VDOT and the County to use a joint approach to
stormwater on a regional basis and find ways to work together on County projects. Mr.
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Simpson requested that the Board approve the resolution and appropriate the funds for
maintenance of the regional facility at Hidden Valley High School
Supervisor Church inquired if there would be sufficient capacity in the
regional facility at Hidden Valley for the additional stormwater from the VDOT project.
Mr. Simpson responded that the small ponds that VDOT would have to
build would contain 15,000 to 20,000 cubic feet and the regional facility has available
more than one million cubic feet. Also, using the regional facility would help with water
quality. He felt that using the regional facility would benefit both the County and VDOT.
Supervisor Flora commented that the VDOT project is downstream from
the Hidden Valley facility and questioned how this would work. Mr. Simpson responded
that staff is looking at the net positive impact and because the County’s facility is
upstream and water is detained upstream in the watershed, that facility would offset any
small increases in stormwater from the VDOT project. The aspect of downstream
flooding was reviewed carefully because of the previous concerns with the Garst Mill
Park project. It was staff’s opinion that the large capacity of the regional facility would
more than offset any small increases from the VDOT project.
Supervisor Flora inquired if it would be correct to state that because the
County built a large regional pond upstream, VDOT does not have to complete
stormwater retention on their project. Mr. Simpson replied that this statement was
correct.
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Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
RESOLUTION 111709-6 APPROVING JOINT USE STORMWATER
MANAGEMENT AGREEMENT WITH THE COMMONWEALTH OF
VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT), HIDDEN
VALLEY HIGH SCHOOL REGIONAL FACILITY
WHEREAS, the Virginia Department of Transportation has requested to use the
Roanoke County regional stormwater management facility at Hidden Valley High School
for the improvements to McVitty Road (State Route 1662) and Old Cave Spring Road
(State Route 1663); and
WHEREAS, this joint use would address stormwater management on a regional
basis pursuant to Roanoke Valley Regional Stormwater Management Master Plan; and
WHEREAS, this joint use results in a better use of land, public funds and
resources and is a comprehensive approach to addressing water quality and flooding in
the Mudlick Creek watershed.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County hereby authorizes the County Administrator or his designee to enter into a Joint
Use Stormwater Management Agreement with the Commonwealth of Virginia,
Department of Transportation for the joint use of the regional stormwater management
basin located at Hidden Valley High School for the purpose of accommodating
stormwater runoff/overflow as it impacts the Mudlick Creek watershed, said agreement
to be on a form approved by the County Attorney.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
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1. The petition of Clifton Ronk to rezone approximately 0.349 acre
from R-1, Low Density Residential, District to I-1C, Low Intensity
Industrial, District with Conditions for the purpose of expanding
an existing cabinet shop located at 8259 Wood Haven Road,
Catawba Magisterial District (Philip Thompson, Deputy Director of
Planning)
2. The petition of Wal-Mart Real Estate Business Trust to obtain a
Special Use Permit to amend conditions regarding exterior
building colors and sign panel colors, and to increase the
maximum size of a monument sign in a C-2 / CVODS, General
Commercial / Clearbrook Village Overlay District with Special Use
Permit on approximately 41 acres located in the 5200 block of
Franklin Road, Stable Road, Clearbrook Lane, Singing Hills Road,
and Sunset Drive, Cave Spring Magisterial District (Philip
Thompson, Deputy Director of Planning)
Supervisor Altizer moved to approve the first readings and set the second
readings and public hearings for December 15, 2009. The motion carried by the
following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
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IN RE: SECOND READING AND PUBLIC HEARING OF ORDINANCES
1. Ordinance authorizing quitclaim and release to the
Commonwealth of Virginia of a 20’ public utility easement
conveyed to Roanoke County and shown in Plat Book 9, page 62
and now lying within the boundaries of Isabel Lane created by
subdivision plat of Riverland Vineyards in Plat Book 31, page 01,
Catawba Magisterial District (Joseph B. Obenshain, Senior
Assistant County Attorney)
O-111709-7
Mr. Mahoney advised that this is the second reading of an ordinance to
release and quick claim a public utility easement (PUE) to allow the Virginia Department
of Transportation (VDOT) to accept Isabel Lane into the State secondary road system.
The ordinance includes the condition that VDOT will by permit continue to allow the
public utilities to occupy the area. All of the utility companies are in agreement with this
request. There have been no changes in the ordinance since the first reading. He
requested that the Board hold the required public hearing.
No citizens spoke on this item and there was no discussion.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
November 17, 2009
824
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
ORDINANCE 111709-7 AUTHORIZING QUITCLAIM AND RELEASE TO
THE COMMONWEALTH OF VIRGINIA OF A 20’ PUBLIC UTILITY
EASEMENT CONVEYED TO ROANOKE COUNTY AND SHOWN IN
PLAT BOOK 9, PAGE 62 AND NOW LYING WITHIN THE
BOUNDARIES OF ISABEL LANE CREATED BY SUBDIVISION PLAT
OF RIVERLAND VINEYARDS IN PLAT BOOK 31, PAGE 01, CATAWBA
MAGISTERIAL DISTRICT
WHEREAS, in order for Isabel Lane to be accepted into the state secondary road
system, the Virginia Department of Transportation (VDOT) requires that the right-of-way
be free and clear of any third party rights or encumbrances; and,
WHEREAS, VDOT requires quit-claim and release to the Commonwealth of
Virginia of all existing easements within the boundaries of Isabel Lane, namely a 20'
public utility easement (PUE), conveyed to the Board of Supervisors of Roanoke
County, Virginia, from Green Hill Associates by plat dated March 26, 1976, and
recorded in the Clerk’s Office of the Circuit Court of Roanoke County in plat book 9,
page 62; and,
WHEREAS, Isabel Lane was created by subdivision plat for Riverland Vineyards,
recorded in plat book 31, page 01, and the subject public utility easement now lies
within the boundaries of Isabel Lane; and,
WHEREAS, it will serve the interests of the public to have Isabel Lane accepted
into the state secondary road system and this release, subject to the issuance of a
permit and other conditions, will not interfere with other public services and is
acceptable to the affected Roanoke County departments.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on October 27, 2009, and the
second reading and public hearing was held on November 17, 2009.
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the interest in real estate to be released is hereby made available for
other public uses by conveyance to the Commonwealth of Virginia for acceptance of
Isabel Lane into the state secondary road system by the Virginia Department of
Transportation (VDOT).
3. That quit-claim and release to the Commonwealth of Virginia of that
November 17, 2009
825
portion of a 20' public utility easement, conveyed to the Board of Supervisors of
Roanoke County, Virginia, from Green Hill Associates by subdivision plat dated March
26, 1976, and recorded in the Clerk’s Office of the Circuit Court of Roanoke County in
plat book 9, page 62, now lying within the boundaries of Isabel Lane as created by
subdivision plat for Riveland Vineyards, recorded in plat book 31, page 01, and being
further shown on Exhibit A attached hereto, is hereby authorized subject to the following
conditions:
a. VDOT issuance of a permit for the water and/or sewer lines or pipes,
and any related appurtenances or facilities.
b. The facilities located within the 50-foot right-of-way for Isabel Lane, as
shown on the above-referenced plats, may continue to occupy the
street or highway in the existing condition and location.
c. This release is for so long as the subject section of Isabel Lane is used
as part of the public street or highway system.
4. That the subject portion of easement is not vacated hereby and shall
revert to the County in the event of abandonment of the street or highway.
5. That the County Administrator, or an Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
6. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
IN RE: APPOINTMENTS
1. Capital Improvement Program Review Committee (appointed by
District)
Supervisor Flora appointed Becky Walter to represent the Hollins
Magisterial District. Confirmation of the appointment was placed on the Consent
Agenda.
Supervisor Altizer appointed Jason Peters to represent the Vinton
Magisterial District. Confirmation of the appointment was placed on the Consent
November 17, 2009
826
Agenda.
2. Library Board (appointed by District)
The Clerk was requested to contact Tobie McPhail to determine if she
would be interested in remaining a member of the Library Board.
IN RE: CONSENT AGENDA
R-111709-8, 111709-8.a, R-111709-8.e
Supervisor Altizer moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
RESOLUTION 111709-8 APPROVING AND CONCURRING IN CERTAIN
UA
ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA
FOR THIS DATE DESIGNATED AS ITEM L-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 November
17, 2009 designated as Item L - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 7 inclusive, as follows:
1. Approval of Minutes – March 24, 2009; April 14, 2009
2. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to David L. Flynn, Roanoke County Police Department,
upon his retirement after more than twenty four years of service
3. Request to accept and appropriate a grant administered by the U. S.
Department of Justice’s Bulletproof Vest Partnership in the amount of
$16,237.50
4. Request to accept and appropriate a Criminal Justice Information Technology
Improvement grant in the amount of $49,900 from the Byrne Justice
Assistance Grant (JAG) Program
November 17, 2009
827
5. Request to establish a Police Training Facilities Fund
6. Resolution to accept Eagle Crest Drive and Piney Ridge Drive into the
Virginia Department of Transportation (VDOT) Secondary Road system
7. Confirmation of appointments to the Capital Improvement Program Review
Committee
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 Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
RESOLUTION 111709-8.a EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DAVID L.
FLYNN, ROANOKE COUNTY POLICE DEPARTMENT, UPON HIS
RETIREMENT AFTER MORE THAN TWENTY FOUR YEARS OF
SERVICE
WHEREAS, David L. Flynn was employed by Roanoke County on April 20, 1985,
as a Police Officer; and
WHEREAS, Mr. Flynn retired from the Roanoke County Police Department as a
Police Officer/ Criminal Investigator on November 1, 2009, after twenty four years and
six months of service; and
WHEREAS, Mr. Flynn, through his hard work and dedicated efforts, performed a
crucial role in protecting the lives and property of the citizens of the County by
honorably serving as a Police Officer/Criminal Investigator; and
WHEREAS, Detective Flynn was instrumental in solving hundreds of felony
crimes and arresting the perpetrators of those crimes, solving not only the offenses they
had committed but preventing them from harming even more victims; and
WHEREAS, Detective Flynn believed deeply that he should strive to share his
knowledge of the job with less experienced officers, turning nearly any crime scene into
an impromptu classroom where he taught other officers the skills they needed to better
perform their own duties; and
WHEREAS, Detective Flynn, through his employment with Roanoke County, has
been instrumental in improving the quality of life for its citizens
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
DAVID L. FLYNN
of Roanoke County to for more than twenty-four years of capable,
loyal and dedicated service to Roanoke County; and
November 17, 2009
828
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
RESOLUTION 111709-8.e TO ACCEPT EAGLE CREST DRIVE AND
PINEY RIDGE DRIVE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY ROAD SYSTEM
WHEREAS, the streets described on the attached Addition Form AM-4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation’s Subdivision Street Requirements, and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention,
which applies to this request for addition.
NOW, THEREFORE, BE IT RESOLVED, We, the Board of Supervisors of
Roanoke County, Virginia do hereby request the Virginia Department of Transportation
add the street(s) described on the attached Additions Form AM-4.3 to the secondary
system of state highways, pursuant to §33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements, after receiving a copy of this resolution
and all outstanding fees and documents required of the developer, whichever occurs
last in time.
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage;
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Residency Administrator for the Virginia Department of Transportation.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
November 17, 2009
829
1. Request from Mike Pace, Counsel for Fountain Head Land Co.
LLC, for the Board to reconsider its decision on October 27, 2009,
to deny the amendment of the Planned Residential Development
related to a golf cart crossing on Pitzer Road, Vinton Magisterial
District
Mike Pace, Gentry Locke Rakes and Moore, Counsel for Fountain Head
Land Company, LLC, requested that the Board reconsider its decision on October 27,
2009, related to the Planned Residential Development (PRD) approved in 2005 for the
Fountainhead Golf Resort. He reported that in 2007 Fountain Head filed an application
for the PRD with proffered conditions to develop an 18-hole golf course and residential
community in the Mount Pleasant area of the Vinton Magisterial District. The proffered
conditions included a golf cart/pedestrian crossing on Pitzer Road to connect the first
nine holes with the back nine holes. The two options for the crossing included in the
PRD were at-grade and a tunnel. The minutes of the September 27, 2005, Board of
Supervisors hearing, when this was unanimously approved, reflect both of these
options. He quoted Janet Scheid, Chief Planner, from the Board minutes as follows: “To
connect the two parts of the golf course, the petitioner would construct either a tunnel
crossing under Pitzer Road or an on-grade crossing on Pitzer Road at a crosswalk.”
Mr. Pace continued that Fountain Head after the approval from the Board
then moved forward with the development. After they decided that the tunnel option for
the golf cart crossing would not be feasible, they proceeded with the at-grade crossing
November 17, 2009
830
option. They discussed with County staff the crossing signage necessary for the at-
grade crossing. County staff determined at that time that a significant change had
occurred that required an amendment to the PRD and Board approval. The decision
made by the Board on October 27, 2009, was not to change the PRD. He stated that
there was nothing for the Board to reconsider on October 27 because it was clear from
the record of the application, staff report and minutes of the Board meeting that both
options were unanimously approved by the Board in 2005. He commented that nothing
has changed since the 2005 decision of the Board.
Mr. Pace advised that he understands the issues of safety and the speed
limit on Pitzer Road have been introduced into the conversation about the golf cart
crossing; however, he would like to point out that the speed limit on Pitzer Road at the
time the Board approved the PRD in 2005 was 55 miles-per-hour (mph); it is still that
speed today and nothing has changed. Nothing has changed about the Board’s
decision to approve both options and one was ultimately chosen. He stated that he was
concerned about the integrity of the PRD process because developers use the PRD
process to allow for some compaction of density and preservation of green space. The
developers are entitled to rely on the decisions made by the Board and he believes that
a miscommunication or misunderstanding has occurred about what the Board approved
in 2005 and the issues today.
Mr. Pace stated that the petitioner’s position is that the Board approved
both alternatives for the golf crossing in 2005 and there was no reason for a change in
November 17, 2009
831
the PRD. The miscommunication or misunderstanding may have occurred from the staff
memorandum that came to the Board as a precursor to the October 27 hearing because
the memorandum stated that the developer is now proposing an at-grade crossing and
is removing the reference in the text related to the tunnel. That is not what happened;
therefore, the motion to reconsider or amend the PRD should not have happened. As a
matter of fairness, he requested that one of the Board members make a motion to
reconsider the Board’s previous decision so that there could be continuing conversation.
He expressed appreciation for being allowed to address the Board.
Chairman Altizer advised that safety and the speed limit on Pitzer Road
are issues of great concern for the Board members and they want to find a way to have
the speed limit reduced. He understands that the petitioner has a significant investment
in this project and that the economy has turned downward; however, there are also
liability issues involved. He stated that the Board should take this opportunity to
reconsider its decision in order to review all options concerning safety and how PRDs
are approved. He asked for a vote of reconsideration of the Board’s previous action in
order to review the issues.
Supervisor Church advised that through the years the Board has been
reluctant to enter into dialogue under citizens’ comments. He advised that Mr. Pace
addressed the Board on this issue as any citizen has the right under this section of the
agenda. He advised that this issue is important and that the Board strives for open
government. He stated that it would help in making his decision on the request if he
November 17, 2009
832
could consult with staff. He thought the crossing was going to be a tunnel and he was
concerned about the record of what was approved. He requested the advice of Mr.
Mahoney or Mr. Goodman concerning whether the site plan specified an underground
tunnel or an at-grade crossing.
Chairman Altizer stated that he wished to comment before staff responded
to Supervisor Church’s inquiry. He advised that the Board members may dialogue with
staff. He clarified that there has been no dialogue with a citizen and he is not trying to
set a precedent. He agreed with Supervisor Church’s comment that in the past the
Board members have not dialogued with citizens under this section of the agenda.
Supervisor Church advised that he thought the process being used today
was positive. He requested a response from staff to his question about the site plan.
Mr. Mahoney advised that he would attempt to clarify some of the issues.
He advised that this matter originally came to the Board in 2004 and 2005. It included a
concept plan and language in the PRD, which Mr. Pace was referring to in terms of the
preferred option being a tunnel. The developer submitted a site plan, which showed a
tunnel, and was approved on July 20, 2007. That approved site plan was the launching
point for the developer to begin work on the site. There have been some minor
amendments to the site plan for erosion and sediment control; however, the approved
site plan as of July 20, 2007, shows a tunnel. In 2004 and 2005, the Board was
presented for action a concept plan that showed a general location for a crossing and in
the verbiage and the language under the PRD, the preferred option was a tunnel.
November 17, 2009
833
Mr. Pace inquired if he could address the Board.
Chairman Altizer advised that it was appropriate that Board members
communicate with staff for information to decide whether to move forward with the
reconsideration. However, it would not be appropriate to receive citizen response at this
time.
Supervisor Church advised that he was trying to find out what was on a
particular document, which was the basis for the Board’s decision. He stated it was his
understanding, and he thought most of the Board members’, that the crossing would be
a tunnel. He requested that Mr. Mahoney or Mr. Goodman advise if the Board had
moved forward on the correct assumption that it was to be an underground tunnel.
Mr. Mahoney advised that he thought this was staff’s understanding;
however, he understands that Mr. Pace, Sean Horne and the applicant have a different
understanding or point of view. He would defer to the Board and the Planning
Commission to determine what each member’s recollection and understanding was at
the public hearing and the information presented to them in 2004 and 2005.
Supervisor Flora advised that he believes there may be a disagreement
between the written document and the site plan. He does not think it was the Board’s
intention to put the golf course out of business because the golf course is a major asset
to the County. He advised that if the Board votes to reconsider, the issue will not be
reconsidered at this time. He would like the opportunity to bring everyone together to
discuss the matter. The Board may end up with the same decision they made several
November 17, 2009
834
weeks ago; however, if the speed limit can be resolved, that would take away
expressed opposition to the change. He would be in favor of granting the opportunity for
further discussion of the matter.
Supervisor McNamara advised that he did not have a problem with
reconsidering the decision; however, he would vote the same way he did last time. He
commented that if the Board is going to grant the reconsideration, a work session
should be scheduled with the Board, staff and the petitioner to receive all of the
information and an analysis of the issues.
In response to Supervisor Altizer’s inquiry, Mr. Mahoney stated that the
Board would need to have another public notice for an advertised public hearing and the
earliest this could be accomplished would be at the December 15, 2009, meeting. He
stated that it was his understanding from attorneys in Mr. Pace’s firm that Mr. Pace did
not believe the public notice was required. Mr. Mahoney recommended that since this is
a land use matter and the Board went through a public notice and public hearing
process, the Board should follow the same procedure now to change or amend their
prior decision. He commented that since the public notice must be published in the
newspaper for two successive weeks, there was not enough time to do that for the
December 1 meeting and the earliest it could be done would be December 15, 2009,
which is a public hearing date for the Board meeting.
Supervisor Church agreed with Mr. Mahoney’s recommendation that the
Board use the same steps they did to arrive at their previous decision. He stated that
November 17, 2009
835
Supervisor McNamara had a valid request to schedule a work session to receive
information and he requested that information from the Planning Commission be
presented at the work session. He asked Mr. Mahoney what kind of vote was needed at
this meeting to approve the reconsideration.
Mr. Mahoney advised that he thought Chairman Altizer had made a
motion to reconsider. Since the motion was procedural, it would need a majority vote of
the Board in favor of the motion to reconsider.
Supervisor Flora stated that he concurred with Mr. Mahoney’s
recommendations. If the Board is going to reconsider this matter, they need to go
through the same process used previously with full disclosure to the public whether it is
legally required or not.
Supervisor Altizer made a motion to reconsider and stated that the
reconsideration should be through a study by the Planning Commission and through
legal advertisements for a Board public hearing.
Supervisor Church asked for a point of order and inquired if the motion for
reconsideration could properly be made at this meeting under citizens’ comments. Mr.
Mahoney advised that the motion could be properly made under citizens’ comments.
Supervisor Flora inquired whether the study by the Planning Commission
as mentioned in the motion meant that the Planning Commission should have a public
hearing and make a recommendation. Chairman Altizer advised that the public hearing
would be held before the Board and not the Planning Commission.
November 17, 2009
836
Mr. Goodman commented that he understood that the Board’s direction
was for County staff to provide a report with all information at the work session on
December 1, 2009. This work session would provide the Board with time to review all of
the issues. A public hearing would then be held at the Board’s December 15 meeting
and staff would provide any additional information at that time from the December 1
work session. He advised that all County records, including information from the
Planning Commission, would be available at the December 1 work session.
Supervisor Altizer’s motion to reconsider included setting a public hearing
on December 15, 2009, with a work session and staff report at the December 1, 2009,
meeting. The motion carried by the following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
Mr. Pace expressed his appreciation for the Board’s reconsideration.
IN RE: REPORTS
Supervisor Altizer moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT Supervisor Moore
November 17, 2009
837
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Accounts Paid – October 2009
5. Treasurer’s Statement of Accountability per Investment and
Portfolio Policy as of October 31, 2009
6. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances for the month ended October 31, 2009
7. Comparative Statement of Budgeted and Actual Revenues for the
month ended October 31, 2009
8. Proclamations signed by the Chairman
IN RE: CLOSED MEETING
At 4:24 p.m., Supervisor Altizer moved to go into closed meeting pursuant
to the Code of Virginia, as follows: (1)Section 2.2-3711.A.29 discussion of the award of
a public contract involving the expenditure of public funds, where the discussion in open
session would adversely affect the bargaining position or negotiating strategy of the
County, namely amending the intergovernmental agreement with the City of Roanoke
for digital radio services; and (2) Section 2.2-3711.A.7. consultation with legal counsel
and briefings by staff regarding specific legal matters, namely South Peak
Development, requiring the provision of legal advice by such counsel. The motion
carried by the following recorded vote:
November 17, 2009
838
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
IN RE: CLOSED MEETING
The closed meeting was held from 4:34 p.m. until 5:46 p.m.
IN RE: CERTIFICATION RESOLUTION
R-111709-9
At 7:00 p.m., Supervisor Altizer moved to return to open session and
adopt the certification resolution. The motion carried by the following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
RESOLUTION 111709-9 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 member’s
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.
November 17, 2009
839
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
IN RE: PUBLIC HEARINGS AND ADOPTION OF RESOLUTION
1. Public hearing and adoption of a resolution on the Plantation
Road Transportation Enhancement Program Grant Application
(Megan Cronise, Principal Planner)
R-111709-10
Ms. Cronise advised that staff is proposing to submit a Transportation
Enhancement Program grant application for improvements to Plantation Road. The
program, which is administered by the Virginia Department of Transportation (VDOT),
provides eighty percent federal funding for a twenty percent local match for
improvements to non-motorized transportation that enhances public traveling
experience, revitalizes communities and improves the quality of life. She advised that
Anthony Ford from VDOT was present to answer questions about the program.
Ms. Cronise presented a PowerPoint, a copy of which is on file in the
Clerk’s Office, and stated that the scope of the project covers Plantation Road from
Interstate 81 to Williamson Road, which is Route 11. The first phase starts at Gander
Way and Friendship Lane and ends at Hitech Road. Phase 2 extends from Hitech Road
to Williamson Road (US Route 11) and Phase 3 covers the remaining distance from
Gander Way and Friendship Lane to Interstate 81. This is an extremely important area
November 17, 2009
840
of Roanoke County because it has the most jobs of any other area in the County; there
are 4,000 jobs between the major industries of ITT, Wachovia and BSC Ventures
Double Envelope; there are already 400 hotel rooms within four hotels and two new
hotels are planned; there are many commercial development opportunities, both new
development and redevelopment opportunities; there is interstate access with Exit 146
off Interstate 81; and Hollins University is nearby with 900 students enrolled plus faculty
and staff.
Ms. Cronise advised that the goals are to provide pedestrian and bicycle
accommodations. They want to consider mass transit opportunities, which are outside
the scope of this program, but integral to the success of this corridor. They want to
improve the streetscape, enhance the gateways and consider access management
changes. The Board adopted the Hollins Area Plan as part of the 2005 Comprehensive
Plan and this project initiates the implementation strategies concerning streetscapes,
bicycling, pedestrian crosswalks and transit opportunities. The first pedestrian
accommodation would be sidewalks, primarily along the western side. There are
sidewalks on the eastern side of Plantation Road from the retaining wall on the south
end of ITT up to Friendship Lane. They would also like to put in refuge islands with
crosswalks to allow pedestrians to easily cross Plantation Road, which is a very wide
road with five lanes and a 45 mile-per-hour speed limit. They want to enable
pedestrians to cross in a safe manner with these crosswalks and refuge islands. She
pointed out two renderings of the refuge islands and crosswalks created by Landscape
November 17, 2009
841
Architect Tara Pattisall. They also want to add pedestrian signalization to the two
stoplights at the intersection of Williamson Road and Plantation Road and the
intersection of Plantation Road and Gander Way and Friendship Lane. There would be
four pedestrian crossings along Plantation Road.
Ms. Cronise described the bicycle accommodations as shown in the 2005
Roanoke Valley Metropolitan Planning Organization (MPO) Plan and stated that they
plan to put striped bicycle lanes along Plantation on both sides, which would be six-feet
wide lanes including curb and gutter. There would be shared-use paths for pedestrians
and bicycles along Walrond and Enon Drives for access to Walrond Park and
Friendship Lane for access to the proposed Hollins Greenway. The shared use trails
would be 10 feet wide and of asphalt construction.
Ms. Cronise advised that the proposed Hollins Greenway is part of the
Tinker Creek Greenway system, which will ultimately run from the Roanoke River
Greenway to the Carvins Cove Natural Reserve. The segment with Hollins University is
primarily on the Hollins Campus and it is proposed to run from Williamson Road to
Carvins Cove and the shared use trail will connect to it, bringing all the amenities
together. She advised that they have heard from Hollins University that they would like
to have bus service for their students and Wachovia is also interested in bus service for
their employees. They are working on mass transit opportunities such as Valley Metro
Bus Service, Smart Way Bus Service, Park-n-Ride and an Employee Transportation
Survey.
November 17, 2009
842
Ms. Cronise advised that they want to improve the streetscapes by
planting trees along the side of Plantation Road and include historic lighting, benches
and waste receptacles. Staff feels it is important to identify Hollins as a separate
community and not just Exit 146 off Interstate 81. They are proposing a sign at the end
of McConnell Road before the Honeytree Early Learning Center saying “Welcome to
Hollins” with landscaping. They want to improve the landscaping on Williamson Road
and at Interstate 81. They want to put in some turn lanes and landscape medians in
portions of the fifth lane to help direct traffic and make it safer. They want to consider
narrowing some of the business entrances where applicable and look at interparcel
connectivity opportunities so that people can walk between businesses and not use
their cars.
Ms. Cronise advised that the total estimated cost of the project for all
improvements is $2.49 million. This year for Phase 1 of the project staff is requesting
approximately $725,000 with a 20 percent required match or approximately $181,000.
The proposed funding sources include in-kind services from County Staff and potential
right-of-way donations, which will account for approximately $71,000 and the remaining
funds needed for the match are $110,000.
Ms. Cronise advised that they have spoken with the Roanoke County
Economic Development Authority (EDA) and they are willing to consider funding the
project if it receives Board support. They might also consider public-private partnership
funds through the Department of Economic Development. These funds would pay for
November 17, 2009
843
the following in Phase 1: a short section of drainage improvements, a five-foot wide
sidewalk and two pedestrian crossings. They feel that these are the most important
improvements to be done first. She commented that in Phase 1, much up-front work has
to be done before any amenities can be built and these include the design for the
corridor, right-of-way, utilities and excavation. The next phases should go more quickly
and more improvements will be seen.
Ms. Cronise advised that they have received letters of support from Hollins
University, Roanoke County EDA, Roanoke County Planning Commission and the
Williamson Road Area Business Association (WRABA). She stated that ITT, Gander
Mountain and Camping World also endorse the project. She stated that they have
contacted all of the businesses and retailers in the area to inform them of the project.
Ms. Cronise advised that in order for the grant application to be eligible for
submission, the Board must hold a public hearing and adopt a resolution supporting the
project. They are also meeting with the Roanoke Valley Area MPO on November 19 to
hopefully receive an endorsement for the project. The application is due to VDOT by
December 1, 2009.
Wendy J. Jones, Executive Director, WRABA, conveyed the unanimous
support of their members for this project. She advised that they are excited about the
friendliness of the area, which will occur after the improvements and is pleased that
people will be able to move from place to place in a safer manner. She requested that
the Board support moving forward with the project.
November 17, 2009
844
No other citizens spoke on this item.
Supervisor Flora commented that this was an excellent opportunity to
enhance one of the primary entrances into Roanoke County. This is the first entrance
coming from the north into a fairly large commercial area. He is pleased that the initial
focus has been placed where most employees work in that area and the impact of the
first phase should be fairly significant. At the appropriate time, he would move approval
of the resolution.
Supervisor Altizer commented that the Board has just completed a series
of corridor studies throughout Roanoke County and will soon start another study for
Route 11 and 460 West. He stated that the gateways into the County are critical,
especially for movement of transportation and people and setting up an environment for
businesses to relocate in these corridors. This is a positive step forward and it is
appropriate to start where there is the highest employment area in a strip of land in the
County. He intended to support approval of the resolution.
Supervisor Flora moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
RESOLUTION 111709-10 REQUESTING THE COMMONWEALTH
TRANSPORTATION BOARD ESTABLISH AN ENHANCEMENT
PROJECT FOR PLANTATION ROAD IN ROANOKE COUNTY,
VIRGINIA
November 17, 2009
845
WHEREAS, in accordance with the Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request by resolution be
received from the local government or state agency in order that the Virginia
Department of Transportation program an enhancement project in Roanoke County.
NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of
Supervisors requests the Commonwealth Transportation Board to establish a project for
the improvement of Plantation Road in the form of pedestrian and bicycle
accommodations as well as streetscape improvements.
BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors
hereby agrees to pay a minimum 20 percent of the total cost for planning and design,
right-of-way, and construction of this project, and that, if the Roanoke County Board of
Supervisors subsequently elects to cancel this project the Roanoke County Board of
Supervisors hereby agrees to reimburse the Virginia Department of Transportation for
the total amount of costs expended by the Department through the date the Department
is notified of such cancellation.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: None
ABSENT: Supervisor Moore
IN RE: SECOND READINGS OF ORDINANCES AND PUBLIC HEARINGS
1. The petition of Foxhall Properties, LLC, to obtain a Special Use
Permit in a I-2, High Intensity Industrial, District for the purpose of
operating an asphalt plant on 16.7 acres, located at 6090 Peaceful
Drive, Salem, Catawba Magisterial District (Philip Thompson,
Deputy Director of Planning)
O-111709-11
Mr. Thompson advised that this is a request for a special use permit for
16.7 acres on property that is already zoned I-2, High Intensity Industrial District, for the
purpose of operating an asphalt plant. In January 2009, Foxhall Properties applied to
November 17, 2009
846
rezone property at 4127 West Main Street in Salem from I-1 to I-2 and obtain a special
use permit to operate an asphalt plant. This request met with significant citizen
opposition and Foxhall Properties withdrew the application after the Planning
Commission public hearing and prior to the Board public hearing. Foxhall Properties
searched for an alternative site and selected the subject property that is before the
Board now.
Mr. Thompson continued that the proposed site is part of a 109-acre
parcel owned by Appalachian Power Company (APCO). The 109-acre parcel has been
zoned I-2, High Intensity Industrial District, since 1992, and prior to 1992 was zoned M-
2, Industrial. APCO uses the property for electricity transmission lines and a small
substation. The topography of the site is generally flat and has some gentle slopes to
the south. Peaceful Drive is elevated above the site. The flood plain for the Roanoke
River affects small areas in the northern and eastern corners of the site. The site is
wooded with approximately half of the acreage containing dense mature evergreens
and the balance of the site containing mixed deciduous and evergreen growth.
Mr. Thompson continued that the proposed plant will contain two asphalt
storage silos, which are the tallest structures at 75 feet. Also part of the plant will be
liquid asphalt and diesel fuel storage tanks, conveyer systems, alternate drying drum,
asphalt-mixing drum, filter fabric bag house and other production structures. There will
be a significant area for stockpiles of materials and there will be a perimeter driveway
around the site for truck traffic. There will also be a 75-foot buffer area around the
November 17, 2009
847
property lines. Access to this site would be through a new driveway entrance from
Peaceful Drive. Truck traffic would travel to and from this site by way of West Main
Street, West River Road and Peaceful Drive, so as not to pass by any residences. The
petitioner estimates that 50 trucks would enter and leave the site per day. The site will
be served by private well and septic system and the stormwater discharge from the site
would enter the Roanoke River at least one-half mile downstream from the Spring
Hollow Reservoir intake so there would be no adverse impact to the Spring Hollow
Reservoir.
Mr. Thompson continued that the surrounding zoning is zoned I-2, High
Intensity Industrial District, on all sides. The surrounding land uses are as follows: (1)
north - electricity transmission line, (2) east across the Norfolk Southern railroad -
vacant land and the Roanoke River, (3) south - small electric substation and
transmission lines, and (4) west across Peaceful Drive - Spring Hollow Water Treatment
Plant. The closest residential homes are located along Peaceful Drive, approximately
1,500 feet from the site, and along West River Road, across the Roanoke River,
approximately 1,000 feet from the site. The future land use designation is Principle
Industrial, which applies to areas where a variety of industry types are encouraged to
locate. Encouraged land use types include manufacturing, and storage of agricultural
products, small industries and custom manufacturing, mining and extraction,
conventional industrial uses and storage yards and industrial parks. The proposed
development conforms to the future land use designation of Principle Industrial.
November 17, 2009
848
Mr. Thompson continued that on October 12, 2009, a community meeting
was held at the Glenvar Middle School with approximately 50 citizens in attendance.
The concerns raised included noise levels, truck traffic, hours of operation, proximity to
the flood plain, air quality issues, other facilities operated by Adams Construction,
lighting and the choice of the proposed site. There was a public hearing at the Planning
Commission on November 2, 2009, and seven citizens spoke at that meeting. Two
citizens voiced opposition to the petition citing environmental concerns, selection of the
site, truck traffic, light pollution and noise. One citizen asked questions about asphalt
plant operations and the other four citizens spoke in favor of the petition citing the need
for industry and employment and reduction of road building costs due to the location of
the proposed plant. The Planning Commissioners had questions regarding the buffer
yards, signage, noise, diesel fuel storage, tank containment structures, filter bag house
and the use of diesel fuel. The Planning Commission recommended approval by a vote
of three to zero of the special use permit with 11 recommended conditions.
Mr. Thompson stated that the 11 recommended conditions are as follows:
(1) The site shall be developed in substantial conformance with the Foxhall Properties,
LLC, Roanoke County, Virginia concept plan prepared by Hayes Seay Mattern and
Mattern/AECON dated September 4, 2009. The special use permit shall only apply to
the 16.7-acre parcel depicted on said concept plan and more particularly described in
the metes and bounds description submitted with the application. (2) No administrative
waivers shall be allowed for required landscaping, screening or buffer yardage. (3) Prior
November 17, 2009
849
to receipt of final zoning compliance, Foxhall Properties, LLC shall provide to Roanoke
County Community Development a copy of the Stationary Source Air Permit from the
Virginia Department of Environmental Quality. (4) Maximum height of the asphalt
storage structures shall be 75 feet, including all conveyor structures. (5) A filter fabric
bag house shall be installed to control particulate emissions. (6) Noise levels shall not
exceed 85 dB at the property lines, excluding vehicle warning devices. Prior to receipt of
final zoning compliance, Foxhall Properties, LLC shall certify plant operation noise
levels at the property lines. (7) Water suppression methods, including but not limited to
water trucks, shall be used to control dust generated by the movement of material stock.
(8) Diesel fuel stored on site shall only be used for plant operations and off-road
equipment used on site. (9) Exterior lighting shall only illuminate production structures
and areas, and for perimeter security purposes. (10) Signage shall be limited to one
monument style sign, located near the facility entrance, with a maximum height of 6 feet
and maximum width of 10 feet, with landscaping around the base. Sign landscape area
shall be a minimum one and one-half times the total area of the sign. (11) All new
asphalt plant equipment and structures shall be painted black, dark brown or dark
green.
Maryellen Goodlatte, GlennFeldmannDarbyandGoodlatte, spoke on
behalf of Foxhall Properties, a land-owning subsidiary of Adams Construction Company
and the contract purchaser of the 16.7 acre site on Peaceful Drive. She presented a
PowerPoint and provided information from an aerial map of the property, site pictures,
November 17, 2009
850
current zoning map, future land use map and concept plan. She stated that Peaceful
Drive is in the Catawba Magisterial District, not far from the Montgomery County line.
The parcel is surrounded to the east and west by property of Appalachian Power
Company (APCO); the railroad line forms the southern boundary; and Peaceful Drive,
which is old Route 11, is the northern boundary. There are interstate exits at West Main
Street and I-81 and Dixie Caverns Exit 132 is one mile away. The 16.7 acre parcel is a
portion of a 109-acre tract owned by APCO, who worked with Adams to locate the
boundary of the 16.7-acre tract far enough outside the area needed by APCO for high
power lines so that the site would work both for APCO and Adams. She pointed out that
the site for the asphalt plant will be to the immediate right of APCO’s high power
transmission lines. The mature trees on the asphalt site will be incorporated into the
buffer yards and the site is significantly below the grade of Peaceful Drive.
Ms. Goodlatte advised that they appeared before the Planning
Commission in February 2009 seeking to rezone another parcel for this needed asphalt
plant on West Main Street, which was the former City of Salem Water Treatment Plant,
and zoned I-1. Although the Planning Commission gave that site a positive
recommendation, Adams withdrew its request before coming to the Board to determine
if they could find an alternate site that would address the objections raised by the
Glenvar Community. Working with the leaders of that community, Adams was
encouraged to find a more remote site that was already zoned I-2. They were
encouraged to find a site further away from the Glenvar schools and on the other side of
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851
West Main Street, instead of the Salem Water Treatment Plant, and to find a site closer
to the Dixie Caverns exit to I-81.
Ms. Goodlatte continued that the site being requested for approval now
meets all of those objectives. It is already zoned I-2 and all of the properties surrounding
the parcel are zoned I-2. The property and all its surrounding properties are designated
as principle industrial in the County’s Comprehensive Plan and the future land use map
indicates it is Principle Industrial. The parcel is located a mile from Dixie Caverns Exit
132, and to get to that exit, the asphalt plant traffic would turn right on Peaceful Drive,
turn left on West River Road and make an almost immediate right turn onto West Main
Street until the turnoff for the Dixie Caverns exit, which is a total of 1.1 miles. Adams
has been able to position the asphalt plant in order to take advantage of the existing
vegetation and topography. She pointed out where trucks will enter and exit this site and
the paved loop driveway around the site and the portion of the site closest to West River
Road. In order to take full advantage of the existing mature evergreen trees, the
perimeter of the property will be reserved for landscaping buffer, 75 feet along the sides
and rear, so that only a little more than 11 acres of the 16.7 acres will actually be used
for asphalt plant operations.
Ms. Goodlatte continued that Adams Construction Company, which is
headquartered in the Roanoke Valley and has approximately 500 employees, has been
making asphalt and building roads since 1946. Its primary customers are road-building
government entities. It has been seeking a location in the Glenvar area for a long time
November 17, 2009
852
because Adams needs to be able to competitively bid for the significant transportation
projects planned for the western portion of Roanoke County. In addition to the Route
11-460 road-widening project being bid later this month, safety improvements to I-81
and the Roanoke Regional Intermodal Facility in neighboring Montgomery County are
planned.
Ms. Goodlatte continued that for road building purposes, it is very
important that the warm asphalt being transported from the plant to the job site have as
short a trip as possible and proximity to the interstate and job sites are very important.
The purpose of an asphalt plant is to prepare a specified mixture of stone and asphalt
cement to meet the customer’s requirements. The process of creating asphalt is not a
chemical one and there are no chemicals on site. The process essentially involves
drying of the stone, the mixing of the dry stone with asphalt cement and the storage of
the warm mixture until it is ready to be transported to the job site by truck. The
technology associated with an asphalt plant has come a long way from earlier days
when plants were smelly and dirty. Today’s plants must operate cleanly, efficiently and
in accordance with environmental regulations. Asphalt plants are regulated by the
Virginia Department of Environmental Quality (DEQ) and before Adams will be allowed
to operate the plant, it must obtain a permit from DEQ that will limit the maximum output
of the plant and require that particulate emissions or dust be controlled.
Ms. Goodlatte advised that two community meetings and two public
hearings were held during which Art Nunn, a chemist, environmental scientist, former
November 17, 2009
853
regulator, and air quality expert with over 33 years of experience, spoke about the
operations of an asphalt plant and its air quality impacts. She advised that Mr. Nunn
was present tonight to answer questions about science and regulatory oversight of an
asphalt plant. In the interest of time, she gave a condensed version of what Mr. Nunn
would tell the Board. She stated that Mr. Nunn would report that emissions from the
proposed asphalt plant will be scientifically negligible as a result of the technology
incorporated into the plant itself. It will use state-of-the-art, counter-flow technology and
a bag house to capture the dust particles released after the stone is dried. This results
in an operation that is 99.5 percent efficient in capturing emissions. At the Planning
Commission public hearing earlier this month, Mr. Nunn explained that the air quality
impact of the minute amount of dust that does escape the site was the equivalent of
taking a white glove, running it over the speaker’s podium and releasing that dust from
the glove into the Board meeting room. This would be a scientifically negligible release.
Even though the EPA determined years ago that asphalt plants do not need to be
regulated for toxic air pollutants since they are not a major source, Mr. Nunn conducted
dispersion modeling analyses to study the level of emissions related to this plant. He
shared the results of those studies with the Planning Commission. The levels were so
far below the level that EPA declares acceptable, that they barely register. Mr. Nunn’s
studies conclude that the levels are comparable to a neighborhood gas station or a
flame broiled fast food restaurant, which are small. Unlike a gas station or restaurant,
Adams’ air emissions are controlled and regulated by DEQ.
November 17, 2009
854
Ms. Goodlatte continued that the County’s area of jurisdiction is land use
and asphalt plants are permitted in the I-2 zoning district with a special use permit. The
Planning Commission recommended 11 conditions for the issuance of the special use
permit and all of the conditions are acceptable to Adams, even though none of their
other plants were subjected to the number of conditions proposed for this plant. Adams
has 23 asphalt plants in Virginia and North Carolina, some of which are immediately
adjacent to schools and homes. Since Adams’ corporate home is in the Roanoke
Valley, it is important that they address hometown concerns and that is why they
worked to find an alternate site and have agreed to these recommended conditions.
Ms. Goodlatte advised that Adams is also working with VDOT to address
concerns raised by neighbors about the intersection of West River Road and Route 11.
At the recent community meeting that Mr. Thompson described, citizens expressed
safety concerns about traffic traveling on Route 11 toward the intersection and even the
downward grade of Route 11 at that point. VDOT engineers reviewed the accident data
and met with Mr. Wright and Mr. James of Adams Construction at that intersection.
VDOT advised Adams that even though the sight distance at that intersection exceeds
VDOT’s standards, and the level of traffic does not warrant a signal at that intersection,
VDOT would review it to determine whether additional signs could be posted on Route
11 in order to slow traffic down as it approaches the intersection at West River Road.
Even though this issue is offsite to the parcel being discussed at this meeting, Adams
will continue to encourage VDOT to be aware of the neighbors’ concerns about Route
November 17, 2009
855
11 traffic and post appropriate signs.
Ms. Goodlatte advised that the traffic generated by this facility will be well
below the threshold requiring a traffic impact analysis. During those times of year when
the plant is operating, only 30 to 50 trucks will enter daily. The general hours of
operation when the plant is running will be 7:00 a.m. until 5:00 p.m., Monday through
Friday. There will be night operation from time to time when required by VDOT in
connection with road projects. Questions were raised at the community meeting and at
the Planning Commission public hearing about the proximity and impact of operations
on the Roanoke River. Staff and the Planning Commission concluded that those
concerns were already addressed by the Roanoke County Development Ordinances.
The Roanoke River is on the other side of the railroad. No part of this property is in the
flood way. A very small portion of the property is in the 100-year flood plain, but its
location will not affect the proposed use. The Western Virginia Water Authority has
confirmed that the proposed use will have no adverse impact on the Valley’s water
system. Staff concluded that the proposed use conforms to the County’s
Comprehensive Plan and the I-2 zoning district. The Planning Commission also agreed
and their recommended conditions will assure that the proposed use will have minimum
adverse impact on the surrounding neighborhood.
Ms. Goodlatte advised that in addition to Mr. Nunn, also present from
Adams Construction were Gary Wright, President; and Rick James, Executive Vice-
President. Present from Hayes Seay Mattern and Mattern (HSMM) were engineers
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856
Scott Hodge and Conley Taylor.
Ms. Goodlatte advised that they were pleased to come before the Board
with a unanimous vote of approval from the Planning Commission. They believe that
Adams’ willingness and ability to secure this site, which is remote, already zoned I-2, on
the right side of West Main Street, away from the Glenvar schools and close to the Dixie
Caverns exit, coupled with the conditions recommended by staff and the Planning
Commission, warrant the Board’s approval of the SUP request.
The following citizens spoke at the public hearing.
Darrell Printz, 5663 Club Lane, advised that he works for James River
Equipment on West Main Street in Roanoke County. He supports Adams Construction
and the proposed asphalt plant on Peaceful Drive because Adams Construction has
been a vital asset to this area for many years and they keep their facilities neat and
professional. He feels that the modern plant that Adams is proposing on Peaceful Drive
will have no adverse effects on residents or businesses in this community. It is a proven
fact that the particulate matter that is created by this type of plant is practically zero and
will cause no quality of life issues in this area. This industry has invested millions of
dollars in research and development to protect the environment. This type of technology
needs to be embraced and the industry rewarded for meeting these challenges. He
looks forward to Adams moving to the western end of the County and believes they will
be great neighbors.
Ronkeith Adkins, 3057 Timberlane Avenue, advised that he is a property
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857
owner in West Salem at 4110 Doughty Road and he supports approval of the petition.
The County needs to have heavy industry, tax-based operations such as Adams
Construction, which is a homegrown company that has done an excellent job in every
area as far back as he can remember. Adams will be a good neighbor and he looks
forward to seeing the operation move forward. He spent a summer working in the
asphalt industry and he never had a healthier job than that summer and he learned
about the asphalt operation. He asked that the Board approve the petition.
Dan Buckley, 4004 Blandfield Drive, Vinton, advised that he works for
Carter Machinery Company, a local Salem business. Adams has been headquartered in
the Valley since 1946 and their commitment to the community has never waivered. The
construction industry has undergone a great amount of consolidation and many
overseas companies have acquired local businesses, but Adams has remained a
Virginia company. Adams has gone to great lengths to ensure that the site is sensitive
to the needs of the neighbors and protective of the environment. There are hundreds of
transportation related jobs in the Roanoke Valley that rely on Adams Construction for
some part of their business. In the near future, there will be several major transportation
projects in the Western part of the County and this new plant location should help
reduce the construction costs to the State as funding for roads is cut on a regular basis
by the State. The Adams project is a vital part of the future economy in the Roanoke
Valley and companies like Adams that are willing to invest during down economic times
should be supported. He expressed his support for approval of the project.
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858
Randall Thomas, 6163 Peaceful Drive, Salem, advised that he lives
approximately 1500 feet from the proposed site. He has no problems with Adams
having a plant there and believes they will be a good neighbor. He worked in an asphalt
plant many years ago and they have improved their operations. He asked that the
Board approve the project.
Henry Bryant, 6585 Stoneskeep Lane, advised that he lives just across
the railroad tracks from Peaceful Drive. He is speaking on behalf of a group of citizens
called “Shoulder to Shoulder”, which is a group of home owners who live across the
railroad tracks from the proposed site and are opposed to this petition. They stated their
concerns in a document forwarded to the Board members by email and he hoped that
the Board members had time to review this document. Their concerns are not just “not
in my back yard” concerns. They feel that the placement of this plant in this location has
a great potential for negative impact on the Roanoke Valley and not just their
neighborhood. Their document of opposition reflects this as well as the negative impact
for those citizens living in closer proximity. They have the same concerns that the
Glenvar neighbors had with the previously proposed site and have added other
concerns as well. Although their voices are fewer than those from Glenvar, he felt their
words should be heard and have the same impact. Their resolve is firm in the belief that
the special use permit should be denied. If the Board should choose to approve the
special use permit, they are requesting that a third party be enlisted to check the
ground, air, water and noise level qualities before and after the plant is in operation and
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859
submit public reports to ensure that the public health, safety, and environmental impact
are minimal. This public report would give the area residents some assurance that
Adams is being a good corporate neighbor
Tequita Akers, 6197 Peaceful Drive, advised that this area has always
been quiet and calm. Her biggest concerns are trash, parking and the speeding of
vehicles traveling on this road. She expressed appreciation to Adams for cleaning up
the tires and litter in this area. Adams has given the citizens encouraging feedback and
they look forward to the continuation of these positive changes. She would like to
suggest that the communities pitch in to keep this area clean. It would be nice to see no
parking, no dumping and speed limit signs posted and actions taken. She feels that the
asphalt plant will help minimize the parking and littering in this area. During the last
meeting, there was a lot of discussion about the signage of the asphalt plant and she
feels they could use a sign for the jail on West River Road to help with the flow of traffic.
Supervisor Flora advised that the first presentation was so thorough that
most of his questions were answered. He felt that most of the Board members have had
time to absorb this issue. He does not have any questions for the petitioner or staff. He
commended Adams for taking the initiative to back away from a project that had
significant opposition and to search for an area that was more remote. He does not
think Adams could get a more remote location in the County and be close to an
industrially zoned area. He stated that both sides made their statements very clear.
Supervisor Altizer inquired if Ms. Goodlatte or someone from Adams could
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860
explain how this facility would compare with the Harrisonburg plant.
Ms. Goodlatte responded that this facility is smaller than the Harrisonburg
plant. She recalled that earlier this year when Adams was proposing the West Main
Street site, Chairman Altizer traveled to observe the Harrisonburg Plant because the
Harrisonburg plant is located next to a middle school and an elementary school. She
requested that Mr. James provide more specifics concerning the Harrisonburg Plant.
Supervisor Altizer explained that he was interested in the filtration system,
type of equipment, noise generated and how the plant would be constructed as
compared to the Harrisonburg Plant.
Mr. James advised that the principle components of an asphalt plant are
the same regardless of size. The proposed West County plant will have the same
components as the Harrisonburg Plant, although the components would be
approximately 25 percent smaller. While the storage silos at Harrisonburg contain
approximately 1,000 tons, the storage silos at the proposed plant are estimated to
contain 400 tons. The proposed plant will have less noise, less utilization of energy and
all things will be proportionately smaller than the Harrisonburg Plant.
Supervisor Church commented that he had nothing negative to say about
Adams Construction, which has been in business in the area since 1946 and has a fine
reputation. He commended the Adams family for listening to the concerns of citizens
from West County and the Glenvar area and deciding to find another location. He
thought that it was appropriate to have a public hearing for a special use permit for an
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861
asphalt plant because many questions and concerns needed to be considered. He
stated that Mr. James and Mr. Wright had provided information about asphalt plants. He
commented that before any asphalt plant can open, many avenues of inspections by
governmental agencies are required to ensure that the plant will operate in compliance
with regulations.
Supervisor Church stated that during the initial request for the plant to be
located on West River Road, hundreds of families called and emailed him and the
Adams group. At this meeting he observed that there were fewer citizens present and
some citizens spoke in favor of the proposed plant on Peaceful Drive. He advised that
many people have asked him if he would want an asphalt plant located on his street and
he replied that he would not. This is not a negative statement about Adams
Construction; it is just the inherent nature of the world of manufactured asphalt. He
cannot in good conscience support the proposal tonight because it would be saying that
the concerns of 1,700 people in Glenvar are worth more than the 15 to 25 people in this
area. He is being true to his convictions and true to the citizens that he represents. He
does not plan to make a motion tonight to grant the request; however, he does expect
the request to be approved. He represents 18,000 citizens and if he were to approve the
request, this would be putting a diminutive value on one section of citizens. If the
request is approved, he will give his full support for Adams to be as successful as they
can in West County. He again advised the Adams family that his decision not to support
the request was not negative against them; he needs to represent the citizens of his
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862
district and treat everyone equally. He commended the Adams family and Ms. Goodlatte
for the efforts they have made on behalf of the citizens in West County.
Supervisor McNamara moved to adopt the ordinance. The motion carried
by the following recorded vote:
AYES: Supervisors Flora, McNamara, Altizer
NAYS: Supervisor Church
ABSENT: Supervisor Moore
Supervisor Altizer commented while voting that he had visited the
Harrisonburg asphalt plant on a Saturday with an event going on at a school beside the
plant. He spoke with parents and the majority of them did not even think about the plant
and were more concerned with the safety issues of the railroad tracks at the location.
The school principal advised that the noise from the plant was quiet and did not bother
the school. Supervisor Altizer came away from his visit with a sense of how Adams
maintained the plant and that the citizens believe the plant is a good neighbor.
Supervisor Altizer stated that the proposed plant will also be a good neighbor. He
expressed appreciation to all of the citizens for expressing their opinions at the public
hearing.
ORDINANCE 111709-11 GRANTING A SPECIAL USE PERMIT FOR
THE OPERATION OF AN ASPHALT PLANT LOCATED AT 6090
PEACEFUL DRIVE (TAX MAP NO. 72.02-2-2) CATAWBA
MAGISTERIAL DISTRICT, UPON THE PETITION OF FOXHALL
PROPERTIES, LLC
November 17, 2009
863
WHEREAS, Foxhall Properties, LLC has filed a petition for a special use permit
for the operation of an asphalt plan to be located at 6090 Peaceful Drive (Tax Map No.
72.02-2-2) in the Catawba Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
November 2, 2009; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on October 27, 2009; the second reading and public hearing on
this matter was held on November 17, 2009.
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 Foxhall
Properties, LLC for the operation of an asphalt plant to be located at 6090 Peaceful
Drive in the Catawba 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:
a) The site shall be developed in substantial conformance with the Foxhall
Properties, LLC Roanoke County, Virginia concept plan by HSMM/AECOM,
dated September 4, 2009. The special use permit shall only apply to the 16.7
acre parcel depicted on said concept plan and more particularly described in
the metes and bounds description submitted with the application.
b) No administrative waivers shall be allowed for required landscaping,
screening or buffer yards.
c) Prior to receipt of final zoning compliance, Foxhall Properties, LLC shall
provide to Roanoke County Community Development a copy of the Stationary
Source Air Permit from the Virginia Department of Environmental Quality.
d) Maximum height of the asphalt storage structures shall be 75 feet, including
all conveyor structures.
e) A filter fabric bag house shall be installed to control particulate emissions.
f) Noise levels shall not exceed 85 dB at the property lines, excluding vehicle
warning devices. Prior to receipt of final zoning compliance, Foxhall
Properties, LLC shall certify plant operation noise levels at the property lines.
g) Water suppression methods, including but not limited to water trucks, shall be
used to control dust generated by the movement of material stock.
h) Diesel fuel stored on site shall only be used for plant operations and off-road
equipment used on site.
i) Exterior lighting shall only illuminate production structures and areas, and for
perimeter security purposes.
j) Signage shall be limited to one monument style sign, located near the facility
entrance, with a maximum height of 6 feet and maximum width of 10 feet,
November 17, 2009
864
with landscaping around the base. Sign landscape area shall be a minimum
one and one-half times the total area of the sign.
k) All new asphalt plant equipment and structures shall be painted black, dark
brown or dark green.
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 resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, McNamara, Altizer
NAYS: Supervisor Church
ABSENT: Supervisor Moore
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
Richard L. Gordon, 3180 Mowles Road, Salem, spoke regarding trash and
bulk/brush pick-up at his vacant property on Deborah Lane. He stated that he paid the
same real estate taxes as if the property were occupied and feels he should receive
trash service there, even though the property is unoccupied. Mr. Goodman advised that
he will research this matter and contact Mr. Gordon directly.
November 17, 2009
865
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Church: He advised the residents of the Glenvar and West
County areas that the Planning Department is developing a Glenvar Area
Comprehensive Plan and tentatively plan to have community meetings in January 2010.
Information is being drafted to put on the website. The Planning Department will be
conducting preliminary work to determine the citizens’ desires for their community. This
is an opportunity for the Glenvar residents to help formulate the future for their
community. He advised Mr. Thompson there will be approximately 200 to 500 people at
each meeting and suggested the use of the high school for the meetings. Teresa Hall
will put the information on the website when it is available. He advised that the residents
should be prepared to participate.
Supervisor Flora: He advised that, while visiting some of the
neighborhoods in his district, he noticed several junk/junky yards and requested that
staff inspect locations on and directly off of Quail Place because there seems to be a
collection of inoperable vehicles. Mr. Goodman responded that he will request that
Code Enforcement inspect the properties.
Supervisor McNamara: He congratulated Chairman Altizer on the State of
the County Address, which was presented earlier today. He feels that the County is in a
good position and he enjoyed the presentation.
November 17, 2009
866
IN RE: ADJOURNMENT
Chairman Altizer adjourned the meeting at 8:13 p.m. with Supervisor
Moore absent.
Submitted by: Approved by:
________________________ ________________________
Becky R. Meador Michael W. Altizer
Clerk to the Board Chairman