12/15/2009 - RegularDecember 15, 2009 901
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
December 15, 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 second
regularly scheduled meeting for the month of December 2009.
IN RE: CALL TO ORDER
Chairman Altizer called the meeting to order at 3:02 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, Charlotte A. Moore
MEMBERS ABSENT: None
STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel 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 Kevin Hutchins, Roanoke County Treasurer.
The Pledge of Allegiance was recited by all present.
902 December 15, 2009
IN RE: REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Goodman requested the deletion of the closed session item pursuant
to the Code of Virginia 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. There were no objections to
removing this item from the closed session.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Linda D. Payne, Roanoke
Countv Police Department, upon her retirement after twenty
seven years of service
R-121509-1
Chairman Altizer presented the resolution to Ms. Payne and expressed
appreciation for her many years of service to the County and its citizens. He thanked
Ms. Payne for her work with young people in the Drug Abuse Resistance Education
(DARE) program. Ms. Payne's family and many of her co-workers were present for the
recognition.
Each of the Board members expressed appreciation to Ms. Payne for her
work with the DARE program and as a School Resource Officer. They wished her well
in her retirement and stated that she had made a difference in young people's lives.
December 15, 2009 903
Police Chief Ray Lavinder expressed his appreciation to Ms. Payne for her
support and dedication during her many years of service. He wished her well in her
retirement and the future.
Ms. Payne advised that she has enjoyed working with everyone in County
government during her tenure. She expressed appreciation to the Board members for
the support they provided to the Police Department and Sheriff's Office that helped
employees accomplish their responsibilities.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
RESOLUTION 121509-1 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO LINDA D.
PAYNE, ROANOKE COUNTY POLICE DEPARTMENT, UPON HER
RETIREMENT AFTER TWENTY SEVEN YEARS OF SERVICE
WHEREAS, Linda Payne was employed by Roanoke County on January 1,
1983, as a Deputy Sheriff; and
WHEREAS, Ms. Payne will retire as a Sergeant from the Roanoke County Police
Department on December 31, 2009, after twenty seven years of service; and
WHEREAS, Ms. Payne, through her 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 Police Officer and Sergeant; and
WHEREAS, Sergeant Payne was instrumental in the completion of the Roanoke
County Police Department's first two successful reaccreditation bids; and
WHEREAS, Sergeant Payne has made a tremendous contribution to the County
and its citizens through her endless work with the schools and related juvenile programs
beginning with her many years as a Drug Abuse Resistance Education (DARE)
instructor and ending with her present position as the School Resource Officer
Supervisor; and
904 December 15, 2009
WHEREAS, Sergeant Payne, through her employment with Roanoke County,
has been influential in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia does express its deepest appreciation and the appreciation of
the citizens of Roanoke County to LINDA D. PAYNE for twenty seven years of capable,
loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
2. Resolution of appreciation to Joseph P. McNamara for his service
as a member of the Board of Supervisors from 1998 through 2009
R-121509-2
Chairman Altizer presented the resolution to Supervisor McNamara.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Church, Flora, Altizer
NAYS: None
ABSTAIN: Supervisor McNamara
Chairman Altizer thanked Supervisor McNamara for his dedication and
commitment to the County and commended him for twelve years of excellent service as
a Board member. He expressed best wishes to his friends and colleagues for the future
as he leaves the Board of Supervisors.
Supervisor Church advised that Supervisor McNamara deserves the
majority of the credit for initiating the plan for the School Board and County to reserve
December 15, 2009 905
funds for future capital projects. This plan has proven beneficial and important for the
County's future. He stated that Supervisor McNamara's many years of service had a big
impact on the community and the County. He wished him the best in the future.
Supervisor Flora stated that Supervisor McNamara has served twelve
years with professionalism and has been the conscience and guide for the Board. He
has been an excellent representative for the citizens of the Windsor Hills District. He
concurred that Supervisor McNamara was the architect of the capital funding plan that
was applauded across the State and received national recognition four years ago from
the National School Board Association. He wished him the best in the future.
Supervisor Moore expressed her appreciation for Supervisor McNamara's
service, leadership and friendship. She wished him and his wife the best in the future.
Supervisor McNamara stated that the School Board recognized him at a
recent meeting. He expressed his appreciation to everyone at the schools and County
for their kind remarks about his service with the County. He pointed out that the
accomplishments of the Board were achieved by all of the members and that the Board
is greater than one person. Roanoke County has excellent Board members and staff
and will continue to be successful in the future. He stated that it has been a pleasure to
serve on the Board for these many years and expressed appreciation to the Board
members for the recognition.
RESOLUTION 121509-2 OF APPRECIATION TO JOSEPH P.
MCNAMARA FOR HIS SERVICE AS A MEMBER OF THE BOARD OF
SUPERVISORS FROM 1998 THROUGH 2009
906 December 15, 2009
WHEREAS, Joseph P. McNamara was first elected to represent the Windsor
Hills Magisterial District on the Board of Supervisors of Roanoke County in November
1997 and served in that capacity from January 1, 1998, through December 31, 2009;
and
WHEREAS, during those twelve years as a member of the Board, Supervisor
McNamara served with professionalism and dedication, working on behalf of the people
of his district and all citizens of Roanoke County; and
WHEREAS, Supervisor McNamara's leadership skills were recognized by his
fellow Board members when he was chosen to serve as Chairman of the Board of
Supervisors in the years 2000, 2003 and 2007; and
WHEREAS, calling on his own education, accounting acumen and experience as
a local business owner, Supervisor McNamara consistently advocated prudent fiscal
policies, which helped Roanoke County improve its financial position and achieve an
admirable bond rating; and
WHEREAS, his steadfast support for the business community and his emphasis
on the benefits of regional partnerships helped create a positive environment for
economic development efforts and numerous joint initiatives, including development of
the Roanoke County Center for Research and Technology, completion of the Regional
Fire and Emergency Medical Services Training Facility and Regional Fire Training
Tower and the creation and expansion of the Western Virginia Water Authority; and
WHEREAS, Supervisor McNamara understood the critical role of education in
ensuring individual success and enhancing the community's quality of life and was a
strong proponent of improving the schools through construction projects, such as the
new Hidden Valley High School and Bonsack Elementary School; renovation of
Northside and William Byrd High Schools, Glenvar Middle School, and Cave Spring,
Green Valley and Mount Pleasant Elementary Schools; and the plan to begin
construction on a new Masons Cove Elementary school in early 2010; and
WHEREAS, recognizing that a strong infrastructure is necessary for a
government to effectively serve its citizens, Supervisor McNamara supported critically
needed capital improvements, including the construction of a new Public Safety Center,
Western Virginia Regional Jail, North County Fire and Rescue Station, Fleet Service
Center, South County Library and the upgrade of the emergency radio system, as well
as the expansion of parks, greenways, and recreational facilities; and
WHEREAS, Supervisor McNamara participated on numerous committees on
behalf of Roanoke County, including the Audit Committee, Roanoke Valley -Alleghany
Regional Commission, Roanoke Valley Area Metropolitan Planning Organization,
Roanoke Valley -Alleghany Regional Comprehensive Economic Development Strategy
Committee, School Construction Committee and acted as the Virginia Association of
Counties Legislative Contact.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
December 15, 2009 907
the citizens of Roanoke County to JOSEPH P. MCNAMARA for his many significant
contributions as a member of the Board of Supervisors; and
FURTHER, the Board of Supervisors wishes Supervisor McNamara continued
success in his future endeavors.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Flora, Altizer
NAYS: None
ABSTAIN: Supervisor McNamara
IN RE: BRIEFING
1. Briefing on the results of the 2010 Real Estate Valuation eg neral
reassessments B( illy Driver, Director of Real Estate Valuation)
Mr. Driver advised that he would present the results of the 2010 general
reassessment of real property conducted by the Real Estate Valuation Office. Individual
property reassessment notices are scheduled to be mailed to County property owners
on January 9, 2010. The 2010 reassessments revealed a marginal increase in values.
Property values increased 0.38 percent, which was the smallest increase in the past 25
years. The 0.38 percent is an overall percentage comprised of residential, multi-family,
agriculture, commercial and industrial properties. Residential values increased just
slightly more than the County average at 0.52 percent. One reason that residential
values are higher than the overall percentage is that while single family new residential
building permits and commercial permits have slowed, many citizens are increasing the
value of their existing dwellings by remodeling or adding onto their homes.
Mr. Driver continued that other factors also contributed to the overall slight
increase in assessments. While the number of local sales decreased slightly in 2009
908 December 15, 2009
from 2008, the combination of sales in years 2009 and 2008 indicates that overall sales
in Roanoke County are still moving in a positive direction. The median days on the
market for homes decreased slightly from 135 in 2008 to 129 in 2009.
Mr. Driver continued that each year staff reviews the Sales Ratio Study
from the Virginia Department of Taxation. The County recently received the 2008 study
and the number of sales that the County provided for this report was the seventh most
sales of any locality in the State, which is another indicator that the market data was
sufficient for staff to make appraisals within the neighborhoods. Unemployment figures
are also considered and unlike other parts of the country and State, the unemployment
rate has remained stable in Roanoke County at 5.9 percent. Another economic indicator
to be considered is diversity within the job markets in the Roanoke Valley and the Board
has brought industries to the County to provide diversity.
Mr. Driver continued that a positive economic impact to the County this
past year was that the federal government passed legislation that allowed first-time
home buyers to purchase homes. The median sale price of a residential home in
Roanoke County is currently $193,000 and interest rates remained low throughout the
past year. He advised that whereas commercial financing has been difficult to secure,
the residential market continues to help the housing industry. Although there has been a
small increase in foreclosures in the Roanoke Valley, foreclosures are still well below
the averages throughout the State and the nation.
December 15, 2009 gOg
Mr. Driver reported that informal real estate appraisal appeals will be
conducted by the Real Estate Valuation Office from January 25, 2010, through February
2, 2010. They will also offer a Saturday and night session for citizens who work and
cannot meet during the day. After the informal real estate appraisal appeals, citizens
can make formal appeals to the Board of Equalization (BOE), which meets from March
through December 2010. The dates and times of the BOE meetings will be published on
Roanoke Valley Television (RVTV) and the County's website.
Mr. Driver reported that the Tax Relief for the Elderly Program is offered
through the Commissioner of Revenue's office. This program allows citizens who are
disabled or over age 65 with a combined gross income of less than $56,566 and net
assets not exceeding $200,000 to receive tax relief in 2010. Citizens can contact the
Commissioner of Revenue's office to determine if they quality for this Tax Relief
Program. Mr. Driver advised that the County also has a Land Use Program and most of
the citizens in this program went through a recent revalidation process. After the notices
were sent to the citizens, they had thirty days to apply to enter the Land Use Program
for 2010.
Supervisor Church stated for clarification that the net financial worth for
citizens in the tax relief program excludes the home that people live in and one acre of
land. Mr. Driver responded that he was correct and this information will also be placed
on RVTV and the website to ensure that citizens are made aware of the program and
the qualifications to enroll in the program.
910 December 15, 2009
Supervisor Church complimented Mr. Driver and staff for being accessible
during the past year to citizens in the Glenvar, Northside and Catawba areas regarding
their concerns. He stated that he hopes that the same cooperation and accessibility to
all citizens will continue this year.
Mr. Driver advised that this has been a difficult year for staff to conduct
appraisals and staff took extra time to review sales and foreclosures in the market. He
stated that the Sales Ratio Study from the Virginia Department of Taxation shows that
the County's coefficient of dispersion (COD) places the County in the top ten counties in
the State.
Supervisor McNamara's inquired about the meaning of COD and if there
was information about the County's sales price to appraisal value ratio. Mr. Driver
responded that according to the Sales Ratio Study from the State, the County's overall
assessment/sales median ratio is 89 percent, and the COD, which measures uniformity
or dispersion between the median sales price of homes within a neighborhood or
Countywide, is 8.82 percent. Nationally, anything below a COD of 15 percent is a good
indicator that assessments are uniform throughout a locality or within a neighborhood.
Chairman Altizer thanked Mr. Driver for the briefing.
Mr. Driver expressed appreciation to Supervisor McNamara for his efforts
on behalf of the County during his years on the Board.
December 15, 2009 911
IN RE: NEW BUSINESS
1. Approval of the Memorandum of Understanding Regarding the
Operation of a merged Emergency Communications Center with
the Town of Vinton ~ Greeves, Director of Communications and
Information Technology)
A-121509-3
Mr. Greeves advised that the proposed Memorandum of Understanding
(MOU) between Roanoke County and the Town of Vinton outlines the details of an
agreement for the operation of a merged Emergency Communication Center. The MOU
includes the information in the feasibility study that was presented at a joint work
session with the Town of Vinton on December 1, 2009. The MOU was developed by the
Steering Committee and has been approved by Mr. Obenshain and legal counsel for the
Town of Vinton. He advised that he or Chris Lawrence, Vinton Town Manager, would be
pleased to answer any questions.
Mr. Greeves advised that if the MOU is approved by the Board, the Town
of Vinton will be invited to review the agreement and join the County in the operation a
merged Emergency Communications Center.
Supervisor Church expressed appreciation and compliments to Mr.
Greeves, Mr. Lawrence and their staff for providing the quantity and quality of
information for the proposed merger. He advised that the Board had a very detailed joint
g ~ 2 December 15, 2009
work session that left very few questions unanswered and he believes that the merger
will deliver services at a lower cost.
Supervisor Altizer complimented the staff from the County and Town for
providing the report and detailed analysis in house, which saved taxpayer's money. He
stated that the merger will benefit both the citizens of the County and Town.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES -CONSENT AGENDA
1. Petition of Green Ridge Baptist Church to obtain a Special Use
Permit in an R-1, Low Density Residential, District to operate a
religious assembly on 0.259 acre, located at 2721 Diplomat Road,
Catawba Magisterial District
Supervisor Church advised that a community meeting had been held to
discuss this petition.
Supervisor Church moved to approve the first reading and set the second
reading and public hearing for January 26, 2010. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
December 15, 2009 913
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing conveyance of a 20' and a variable width
sanitary sewer easement and a 10' temporary construction
easement to the Western Vir inia Water Authority to be located
within bounds of Hanging Rock Battlefield Trail, property of
Roanoke County Board of Supervisors adjacent to Kessler Mill
Road, Route No. 630, Catawba Magisterial District Jose h B.
Obenshain, Senior Assistant County Attorne
Mr. Obenshain advised that conveyance of an easement is being
requested to complete the action by the Board in September 2009, which approved a
joint undertaking with the Western Virginia Water Authority (WVWA) and private
businesses to provide sanitary sewer service along Kessler Mill Road to the Hanging
Rock area in the Catawba Magisterial District. Existing businesses, County facilities and
the regional fire training facility in this area will be able to hook onto this public sewer
line. The Board has previously granted a water line easement in this area and he
advised that he would be glad to answer questions.
Supervisor Flora commented that typically the County would be
reimbursed for conveying easements through County property. He stated that the
County is one of the primary beneficiaries of the sewer line and inquired if there would
be any reimbursement from WVWA.
914 December 15, 2009
Mr. Obenshain advised that due to a previous agreement and because the
sewer line will benefit the County, there would be no cost to WVWA for the easement.
Supervisor Church advised that he would move approval. He agreed that
this project would benefit the County and when future funds are available, this action
would be another step to extend public sewer down Route 311.
Supervisor Church moved to approve the first reading and set the second
reading and public hearing for January 26, 2010. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance authorizing conveyance of an easement to
Appalachian Power Company for electric service across property
owned ~ the Board of Supervisors _ South County Library
Jose h B. Obenshain, Senior Assistant County Attorne
0-121509-4
Mr. Obenshain advised that this is the second reading of an ordinance to
grant an easement to Appalachian Power Company (APCO) to move some of their
electric service that crosses the adjoining Taylor property to the location of the County's
new South County Library. There have been no changes since the first reading of the
ordinance. There was no discussion.
December 15, 2009 915
Supervisor Moore moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
ORDINANCE 121509-4 AUTHORIZING CONVEYANCE OF AN
EASEMENT TO APPALACHIAN POWER COMPANY FOR ELECTRIC
SERVICE ACROSS PROPERTY OWNED BY THE BOARD OF
SUPERVISORS -SOUTH COUNTY LIBRARY
WHEREAS, Roanoke County is in the process of constructing a South County
Library Building located on Merriman Road, Cave Spring Magisterial District; and
WHEREAS, Appalachian Power Company (APCO) requires aright-of-way and
easement for underground transmission lines on the County's property in order to
relocate the electric service to accommodate the construction on the site as shown on
the plat entitled "Proposed Right-of-Way on the Property of the Board of Supervisors of
Roanoke County" dated November 3, 2009; and
WHEREAS, the proposed right-of-way will serve the interests of the public and is
necessary for the public health, safety, and welfare of the citizens of Roanoke County.
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 December 1, 2009, and a
second reading and public hearing was held on December 15, 2009.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the interests in real estate to be conveyed are hereby declared to be surplus,
and are hereby made available for other public uses by conveyance to APCO for the
relocation of electrical service in connection with the construction of Roanoke County's
South County Library Building.
3. That donation to APCO of an easement and right-of-way for underground
transmission lines and related improvements, within the 15' easement area designated
on the above-mentioned map, on the County's property (Tax Map No. 97.05-01-26.00)
to relocate the electric service in connection with the construction of the South County
Library Building is hereby authorized and approved.
4. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
916 December 15, 2009
5. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
2. Ordinance authorizing conveyance of a 50' sanitary sewer
extension easement to the Western Vir inia Water Authority to be
located within a ublic right-of-way known as Westward Lake
Drive, said right-of-way havin been dedicated to the Board of
Supervisors, Catawba Magisterial District Jose h B. Obenshain,
Senior Assistant County Attorne
0-121509-5
Mr. Obenshain advised that this is the second reading of an ordinance to
grant a sewer line easement to the Western Virginia Water Authority (WVWA) for the
benefit of County residents. This public right of way was never taken into the State
system and since it is County property, it is necessary for the Board to approve granting
this easement. He advised that there have been no changes since the first reading of
the ordinance.
There was no discussion.
Mr. Obenshain expressed appreciation to Supervisor McNamara for his
service on the Board and advised that he had enjoyed working with him.
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
December 15, 2009 917
AYES: Supervisors Moore, Church, Flora, McNamara
NAYS: None
ABSTAIN: Supervisor Altizer
ORDINANCE 121509-5 AUTHORIZING CONVEYANCE OF A 50'
SANITARY SEWER EXTENSION EASEMENT TO THE WESTERN
VIRGINIA WATER AUTHORITY TO BE LOCATED WITHIN A PUBLIC
RIGHT-OF-WAY KNOWN AS WESTWARD LAKE DRIVE, SAID RIGHT-
OF-WAY HAVING BEEN DEDICATED TO THE BOARD OF
SUPERVISORS, CATAWBA MAGISTERIAL DISTRICT
WHEREAS, the Western Virginia Water Authority (WVWA) requires an easement
for an underground sanitary sewer extension within the right-of-way known as
Westward Lake Drive, platted as "Center Hill Drive", to provide sewer service to the
area, and specifically to a residence located on Tax Map #054.02-05-51.00, all as
shown on the plat entitled "WESTWARD LAKE DRIVE SANITARY SEWER
EXTENSION, LAYOUT, GRADING & ESC PLAN" Sheet No. C-2, (Exhibit A) dated
9/25/08; and
WHEREAS, Westward Lake Drive/Center Hill Drive was dedicated to Roanoke
County for public use in Plat Book 3, page 87, in the Roanoke County Circuit Court
Clerk's Office; and
WHEREAS, the portion of Westward Lake Drive/Center Hill Drive where this
sanitary sewer easement will be located has not been accepted into the state
Secondary Road System and therefore remains a "paper street" under the ownership
and control of Roanoke County; and
WHEREAS, the proposed easement will serve the interests of the public and is
necessary for the public health, safety, and welfare of the citizens of Roanoke County.
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 December 1, 2009, and a
second reading and public hearing was held on December 15, 2009.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and
is hereby made available for other public uses by conveyance to WVWA for the
provision of sanitary sewer service.
3. That donation to WVWA of an 50' easement for an underground sanitary
sewer extension and related improvements, within the easement area designated on
the above-mentioned map, on the County's property known as Westward Lake Drive,
g ~ g December 15, 2009
platted as "Center Hill Drive", to provide sanitary sewer service to the area is hereby
authorized and approved.
4. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such further actions as may be
necessary to accomplish this conveyance, all of which shall be on form approved by the
County Attorney.
5. 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 Moore, Church, Flora, McNamara
NAYS: None
ABSTAIN: Supervisor Altizer
IN RE: APPOINTMENTS
Chairman Altizer announced that confirmation of all appointments made
by the Board had been added to the Consent Agenda. Information concerning these
appointments is listed below:
1. Grievance Panel At-Lar eappointment) -James Shaver Sr. was
appointed to serve on the Grievance Panel for athree-year term that will expire on
October 28, 2012.
2. Library Board (appointed ~ District - Tobie McPhail was
reappointed to serve an additional four-year term on the Library Board representing the
Hollins Magisterial District.
3. Western Vir inia Regional Jail Authority At-Lar a appointment) -
Re-appointment of the following members to serve additional one-year terms that will
expire on December 31, 2010: (1) B. Clayton Goodman III -Alternate Administrative
Official; (2) Diane D. Hyatt -Administrative Official; (3) Joseph B. "Butch" Church -
Alternate Elected Representative; and (4) Michael W. Altizer -Elected Representative.
December 15, 2009 g ~ g
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
Judy Conyers, 4844 Little Bear Road, Salem, spoke on behalf of Citizens
for Positive Growth concerning the condition of properties along West Main Street
between Cross Mill Road and the Glenvar Library. She provided the Board with
photographs of the conditions on West Main Street. She stated that the Virginia
Department of Transportation (VDOT) estimates that 19,000 vehicles drive past this
area each day. Their group believes that those driving in the area are being influenced
by negative impressions and they do not believe that new businesses will consider the
area until the conditions change. That area has been referred to as "The Dumping
Ground" and other negative connotations have been used. The State and the County
are investing large funds for a road extension project, which will be immediately
diminished by the lack of upkeep of the properties and business owners in the area.
She understands that this has been an ongoing issue for the County and she asked
how they could help the County encourage businesses and property owners to maintain
their properties in this area.
Chairman Altizer thanked Ms. Conyers for her remarks and stated that the
Board had reviewed the photographs.
920 December 15, 2009
Supervisor Church requested that Arnold Covey, Director of Community
Development, have the Code Enforcement staff re-inspect the area. Mr. Covey stated
that the Zoning Enforcement staff will do all they can to determine what can be done
about this situation. Supervisor Church commented that the County has taken legal
action on numerous occasions concerning these matters and has been unsuccessful.
He asked that Mr. Covey report back to the Board on this matter.
IN RE: REPORTS
Supervisor McNamara moved to received and file the following reports.
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Accounts Paid -November 2009
5. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances for the month ended November 30, 2009
6. Comparative Statement of Budgeted and Actual Revenues for the
month ended November 30, 2009
7. Treasurer's Statement of Accountability der Investment and
Portfolio Policy as of November 30' 2009
December 15, 2009 92 ~
IN RE: CLOSED MEETINGS
At 3:58 p.m., Supervisor Altizer moved to go into closed meetings
pursuant to the Code of Virginia Section, as follows: (1) Section 2.2-3711.A-3. To
discuss or consider the disposition of real property for public purposes, namely
conveyance of an easement to AEP for the southwest County transmission line; and (2)
Section 2.2-3711.A.29. Discussion of the terms or scope of a contract where discussion
in open session would adversely affect the bargaining position or negotiating strategy of
the County, namely, the review and modification of the employment contract with the
County Administrator. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
IN RE: CLOSED MEETINGS
The closed meeting was held from 5:02 p.m. until 5:22 p.m.
IN RE: WORK SESSIONS
1. Work session on the new South Countv Librarv Diane Hyatt,
Assistant Countv Administrator; Diana Rosapepe, Director of
Librarv Services
The work session was held from 5:25 p.m. until 5:44 p.m.
Ms. Hyatt advised that the purpose of the work session was to discuss
with the Board several items related to the new South County Library. She stated that in
October 2009, a memorandum was sent to the Board outlining the results of research
922 December 15, 2009
into three sustainable design components, which are recycling construction materials,
pervious pavement and rainwater retention. Based upon the research, Ms. Hyatt
advised that pervious pavement and rainwater retention were not good choices for this
project. Staff's recommendation is the option of recycling constructions materials, and if
the Board concurred, they would proceed with this change to the project. Ms. Hyatt also
advised that there will be an on-site manager to handle the recycling. The Board
concurred with staff's recommendation.
Ms. Rosapepe stated that they need to have the permanent name of the
new library as soon as possible; however, it does not have to be decided tonight. The
permanent name is needed for documents, signage, database entries and book
purchases. She stated that building is currently referred to as the "South County Library"
and the Board could choose to stay with that name or start discussions to find another
name. She commented that most of the County libraries are named geographically so
that citizens have some idea of where they are located.
Ms. Rosapepe reported that the Virginia Department of Transportation
(VDOT) has approved revenue sharing funds for the Merriman Roundabout. The
required public meeting was held on November 9, 2009, with approximately forty people
in attendance, in addition to staff, and the comments were very favorable. With VDOT's
approval, Merriman Road will be closed during the summer months of 2010 after the
school year has ended to connect the five arms of the roundabout and complete the
project.
December 15, 2009 923
IN RE: CHANGES TO THE ORDER OF PUBLIC HEARINGS PORTION OF THE
AGENDA
At 7:00 p.m., Chairman Altizer advised that the agenda has been changed
and the public hearings will be held in the following order: (1) petition of Clifton Ronk, (2)
petition of Fountain Head Land Company, (3) petition of Wal-Mart Real Estate Business
Trust and (4) proposed amendments to the fiscal year 2009-2010 budget. He advised
that the first reading of an ordinance for an appropriation will follow the public hearings.
IN RE: CERTIFICATION RESOLUTION
R-121509-6
At 7:03 p.m. Supervisor Altizer moved to adopt the certification resolution.
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
RESOLUTION 121509-6 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
924 December 15, 2009
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of congratulations to Karen P. Switzer for receiving
the 2009 Governor's Caregiver Recognition Award
R-121509-7
Supervisor Flora moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
Lavern Davis, Roanoke County Schools, Supervisor of Health Services,
read the nomination that she submitted for Karen Switzer, who was selected as one of
the recipients of the 2009 Governor's Caregiver Awards. This award is sponsored by
the Virginia Council on the Status of Women and supported by the Secretary of Health
and Human Resources, the Virginia Department of Social Services and the Virginia
Department for the Aging. Today, many adults across the Commonwealth take care of
their aging parents, disabled siblings, spouses and grandchildren and fill a critical role in
Virginia's long-term care system. Mrs. Switzer and her family reside in the Hollins
December 15, 2009 92rJ
District and she is a school nurse for Roanoke County. She is accompanied tonight by
her husband, Les, and granddaughter, Ashlynn.
Ms. Davis continued that Ashlynn was born on October 14, 1999, following
a high-risk pregnancy due to spina bifida, which is a congenital defect involving the
spinal cord and affecting almost all of her body systems. Her grandparents obtained
custody when she was a baby when it was apparent that her mother could not care for
her. Her grandparents encourage her to be active and provide her equipment and one-
on-one assistance for many activities. Ashlynn's complex needs are challenging from
the standpoint of stamina and physical energy. Mrs. Switzer comments that the gifts that
Ashlynn brings to her life outweigh any negatives and Ashlynn teaches her about the
important things in life.
Ms. Davis continued that the Governor's Caregiver Award symbolically
honors the thousands of caregivers in the State who deserve to be recognized, honored
and supported for the job they do every day. Mrs. Switzer was one of six to receive the
award out of 55 applicants. Because of the acts of compassion and care given to
Ashlynn over the past ten years, which will continue for many more years, Mrs. Switzer
was most deserving of this award for her dedication, strength and commitment.
Chairman Altizer presented the resolution to Mrs. Switzer and commented
that the Board was pleased to recognize Mrs. Switzer and the other deserving people
who received this award throughout the state. He thanked her for everything that she
926 December 15, 2009
does for her granddaughter and was pleased that Ashlynn and Les Switzer were
present for the recognition.
Each of the Board members advised that Mrs. Switzer deserved
recognition for her compassion and caring and congratulated her upon receiving this
award. They wished Ashlynn and her family a Merry Christmas.
RESOLUTION 121509-7 OF CONGRATULATIONS TO KAREN P.
SWITZER FOR RECEIVING THE 2009 GOVERNOR'S CAREGIVER
RECOGNITION AWARD
WHEREAS, The Governor's Caregiver Award was established in 2007 and is
sponsored by The Virginia Council on the Status of Women in partnership with the
Secretary of Health and Human Resources and the Virginia Department for the Aging;
and
WHEREAS, The Governor's Caregiver Recognition Award symbolically honors
thousands of volunteer caregivers who lovingly and selflessly care for family and friends
and also serves to heighten public awareness of the contributions of all caregivers; and
WHEREAS, Mrs. Switzer, while working part-time, lovingly and tirelessly cares
for her ten year-old granddaughter, Ashlynn, who requires care and assistance twenty-
four hours per day due to several, serious medical conditions; and
WHEREAS, Mrs. Switzer's dedication and love for Ashlynn are obvious by her
positive and enthusiastic attitude toward their challenging circumstances.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its sincere congratulations to Mrs. Karen
P. Switzer for receiving this award for her unselfish sacrifice in caring for her
granddaughter; and
BE IT FURTHER RESOLVED THAT the Board of Supervisors extends its best
wishes to Mrs. Switzer in the future.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
December 15, 2009 927
IN RE: SECOND READINGS OF ORDINANCES AND PUBLIC HEARINGS
1. The etition of Clifton Ronk to rezone approximately 0.349 acre
from R-1, Low Density Residential, District to I-1 C, Low Intensity
Industrial, District with Conditions for the purpose of expanding
an existing cabinet shop located at 8259 Wood Haven Road,
Catawba Magisterial District Phili Thompson, Deputy Director of
Plannin
0-121509-8
Mr. Thompson advised that this is a request from Mr. Ronk to rezone
approximately one-third of an acre of property from R1, Low Density Residential District,
to R1-C, Low Intensity Industrial District with conditions. The Ronk family has operated
a cabinet shop at this location for approximately sixty years. The existing building is a
little under 8,000 square feet and they are proposing an expansion of 3,676 square feet,
which includes 2,106 square feet to the rear of the property or the north side of the
building and 1,500 square feet on the right side or the east side of the building. The
purpose of the expansion is to have more space, to be more efficient and have a safer
working environment for employees. They are not adding equipment or any new
processes. One of the issues is that the existing access, driveway and stormwater
management limits their ability to expand to the front of the building. The surrounding
zoning is R1, Low Density Residential District, and the property is surrounded by single-
family homes. This request does not conform to the future land use designation of
928 December 15, 2009
neighborhood conservation; however, the business was located there before the future
land use designation was made.
Mr. Thompson continued that a community meeting was held on
November 19, 2009, and four citizens had questions about the location of the
expansion; however, there was no opposition to the request. The Planning Commission
held a public hearing on December 1, 2009, and there were no citizens to speak on the
request. The Planning Commission recommended approval by a vote of five to zero of
the rezoning with three proffered conditions submitted by the applicant. Those proffered
conditions include the following: (1) the proposed building will be used for woodworking
or closely related activity; (2) the hours of operation will be restricted from 7:00 a.m. to
9:00 p.m. Monday through Saturday, and there will be no business conducted on
Sunday under any circumstance, and (3) all woodworking operations will be contained
inside except loading and unloading of materials.
Clifton Ronk, Petitioner, advised that he has lived in this location for
approximately sixty years and is the third generation in the family business of
woodworking at the same location. Due to today's market demands for higher quality
products, they have to produce their product in an efficient manner and they need the
expansion to increase the work space and better the environment for their employees.
They do not expect the expansion to have any impact on traffic or create any more
noise than they presently produce.
There were no citizens who spoke on this item.
December 15, 2009 929
Supervisor Church welcomed Mr. Ronk and his family members to the
meeting. He advised that the citizens at the community meeting spoke with praise for
the Ronk family and the operation of their business. He asked Mr. Ronk if he agreed
with the three proffered conditions as stated earlier by Mr. Thompson. Mr. Ronk
answered in the affirmative. Supervisor Church advised that after Board discussion, he
would move to approve the rezoning request.
Supervisor Flora commented that the Ronks installed cabinets in 1970 in a
house that he owns in Hollins and that the cabinets are in good shape today. Since the
cabinets were installed in 1970, he does not think this would be a conflict of interest. He
can personally attest to the quality of work by the Ronks.
Supervisor McNamara commented that in 1987 the Ronks made a dresser
and end tables for his house and they are in fabulous shape. He wished the family
success in their future business.
Mr. Ronk inquired if Supervisors Flora and McNamara had actually used
the products they mentioned for the past twenty to thirty years. Supervisor McNamara
commented that he has lived in his house with the products for that length of time.
Supervisor Church advised that Mr. Ronk has just received great advertisements for his
products.
930 December 15, 2009
Supervisor Church moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
ORDINANCE 121509-8 REZONING 0.349 ACRE FROM R-1, LOW
DENSITY RESIDENTIAL DISTRICT, TO I-1 C, LOW INTENSITY
INDUSTRIAL DISTRICT WITH CONDITIONS, FOR THE PURPOSE OF
EXPANDING AN EXISTING CABINET SHOP LOCATED AT 8259
WOOD HAVEN ROAD, CATAWBA MAGISTERIAL DISTRICT
(PORTION OF TAX MAP NO. 36.08-1-56), UPON THE APPLICATION
OF CLIFTON L. RONK
WHEREAS, the first reading of this ordinance was held on November 17, 2009,
and the second reading and public hearing were held December 15, 2009; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on December 1, 2009; and
WHEREAS, legal notice and advertisement has been provided as required by
I aw.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing
approximately 0.349 acre, as described herein, and located at 8259 Wood Haven Road
(Portion of Tax Map No. 36.08-1-56) in the Catawba Magisterial District, is hereby
changed from the zoning classification of R-1, Low Density Residential District, to the
zoning classification of I-1 C, Low Intensity Industrial District with Conditions.
2. That this action is taken upon the application of Clifton L. Ronk.
3. That the owner of the property has voluntarily proffered in writing the
following amended conditions which the Board of Supervisors of Roanoke County,
Virginia, hereby accepts:
a) Proposed building to be used for woodworking or closely related activity
only. The land to be used for agriculture or closely related activity.
b) Hours of operation to be restricted from 7 a. m. to 9 p. m. Monday through
Saturday. No business to be conducted on Sunday under any
circumstances.
c) All woodworking operations to be contained inside except loading and
unloading.
4. That said real estate is more fully described as follows:
December 15, 2009 931
Beginning at Point 8 shown on a plat dated September 24, 2009 and entitled
"Plat from records and survey boundary line agreement for Clifton L. Ronk and
Alma J. Ronk (DB 1537, PG 733) (36.08-1-56.2) (2.267 acres Total) and Norman
Thomas Ronk (WB 54 PG 1718) (36.08-1-56) showing 0.349 acres of 36.08-1-56
to be combined with 36.08-1-56.2 and conveyed to Clifton L. Ronk;" thence N
05°20'27" W a distance of 25.24' to Point A on said plat; thence S 87°25'20" E a
distance of 347.81' to Point B; thence S 01°54'31" W a distance of 126.89' to
Point 11; thence N 83°15'12" W a distance of 69.00' to Point 10; thence N
05°38'43" E a distance of 97.00' to Point 9; thence N 87°25'20" W a distance of
282.19' to Point 8 which is the point of beginning, said parcel contained 0.349
acre.
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
2. Ordinance approving/denying the etition of Fountain Head Land
Company, LLC, to amend the Planned Residential Development
(PRD) Master Plan related to at-grade golf cart crossing on Pitzer
Road for Fountainhead Golf Resort (Ballyhack) which measures
approximately 375 acres, Vinton Magisterial District Paul M.
Mahoney, County Attorne
0-121509-9
Mr. Mahoney advised that in August 2009, Fountain Head Land Company
filed an application with the County to amend its Planned Residential Development
(PRD) Master Plan to allow an at-grade golf crossing across Pitzer Road. The Board
heard that application on October 27, 2009, and the Board at that time voted to deny
932 December 15, 2009
that application. On November 17, 2009, the Board adopted a motion to reconsider their
previous denial. On December 1, 2009, the Board had a lengthy work session. County
staff submitted to the Board a huge packet of material. He stated that he and Mr. Pace,
counsel for Fountain Head Land Company, debated and discussed with the Board at
the work session the various issues involved in this matter. He acknowledged that the
Board has received a tremendous amount of background information with respect to
this application and he does not want to review all of that information at this meeting.
The Board has the application before it again and it has been advertised as required by
law. The Board has in their agenda materials the written, signed, proffered condition as
part of the PRD, which would allow an at-grade golf crossing subject to the standards
that are set out in one of the exhibits dated August 14, 2009. He advised that the
applicant and his attorney were present.
Mike Pace, Gentry Locke Rakes and Moore, counsel for Fountain Head
Land Company, developers of Fountainhead Golf Resort (aka Ballyhack) stated that he
would be brief also and give a summary of the issues and make a request. He stated
that on September 27, 2005, the Board approved the Master Plan for a PRD for
Fountainhead, subject to certain proffered conditions and one of those was the building
of a golf cart crossing. The two options discussed were an at-grade crossing and a
tunnel under the public road and both of those options would have required VDOT
approval. He believes that the record is clear that in 2005 the Board approved both of
those alternatives. Fountain Head Land Company has proceeded on that basis to this
December 15, 2009 933
day and determined ultimately that a tunnel would not be feasible due to economic
constraints. They submitted the at-grade crossing proposal as was required to VDOT,
and VDOT required that there be an agreement with the County for the maintenance of
signage for the crossing. The Fountain Head officials then met with representatives of
the County to discuss the sign ordinance or agreement and at that time, County staff
determined that this was a substantial change and recommended that they file an
application to amend the Master Plan. Even though the Petitioner did not agree that it
was a substantial change, they filed the application to require an at-grade crossing be
installed by a certain date. The Planning Commission's recommendation was forwarded
to the Board and on October 27, 2009, the Board of Supervisors denied the petition.
The Petitioner requested that the Board reconsider its denial and the Board did decide
to reconsider, which is the purpose of this meeting. He expressed appreciation to the
Board for this reconsideration. He stated that if the Board approves the application and
recommendation that was forwarded to the Board, Fountain Head could continue with
their plans. He asked that the Board approve the application of the Petitioner.
There were no citizens present who spoke on this item.
Supervisor Altizer advised that the Planning Commission recommended a
"sunset" date that the underground tunnel had to be completed by January 1, 2013.
There has been some discussion about whether this was a minor or major change;
however, he thought the primary factor is to make sure that there is an underground
crossing on Pitzer Road while giving the Petitioner the potential to continue operating.
934 December 15, 2009
He stated that he received an email from VDOT that the 55-miles-per-hour (mph) speed
limit will be reduced to 35 mph contingent on the approval of County staff. Because of
safety and liability issues, the Board had requested that the speed limit be reduced and
standardized for some time because there are approximately four different speed limits
in the area. He will make a recommendation for action on the Petitioner's request after
there has been discussion by the Board.
Supervisor Church advised that his problem with the request was the 55
mph speed limit on the golf cart crossing and the dangers and liability involved for
everyone. He inquired if the speed limit would change in front of the elementary school
to 35 mph. Supervisor Altizer advised that the speed limit would be 35 mph but not in
front of the school. Supervisor Church advised that he wanted to be sure that the speed
limit was not increasing in front of the elementary school and that he would take the
email from VDOT as a commitment.
Supervisor Flora advised that at the last meeting, the Board went through
an arduous and detailed work session and discussed the issues with Mr. Mahoney and
Mr. Pace. They reviewed the documents and the process to have a better
understanding and knowledge of the request. It may sound like the Board voted for the
issue, voted against it and are going to vote again; however, the Board has now been
educated concerning golf cart crossings. He advised that he was now prepared to
support the request.
December 15, 2009 935
Supervisor Moore advised that she was still concerned about the safety
and liability issues and increasing the speed limit to 35 mph near the school.
Supervisor Flora advised that he believes that the road in front of the
school has a school zone sign which regulates the speed limit to 25 mph during, before
and after school.
Supervisor Altizer inquired if proffer #1 was acceptable to the developer.
Mr. Pace replied in the affirmative. Supervisor Altizer inquired of Mr. Mahoney if he
could change the "sunset" date in proffer #2 at the public hearing. Mr. Mahoney advised
that the language in the State enabling legislation provides that a conditional zoning
proffer may be amended during the public hearing if that amendment does not
materially affect the proposal. While it may be open to debate as to what materially
affects a proposal, he believes that it is possible to amend a conditional zoning proffer.
Supervisor Altizer advised that he would like to change the "sunset" date
in proffer #2 to October 1, 2012, instead of January 1, 2013, which means that the
tunnel shall be constructed by October 1, 2012, instead of by January 1, 2013. In
response to Mr. Pace's inquiry, Supervisor Altizer advised that the change in the proffer
would be part of his motion to approve the request. He asked Mr. Pace if this change
would be acceptable. Mr. Pace replied in the affirmative.
Supervisor Altizer moved to adopt the ordinance with an amendment to
proffer #2 changing the "sunset" date providing for the construction of a tunnel to no
later than October 1, 2012, instead of January 1, 2013.
936 December 15, 2009
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: Supervisor Moore
Chairman Altizer requested that staff bring before the Board a new zoning
ordinance regarding signage at crossings to comply with the new State law. Mr.
Mahoney advised that he will have a draft ordinance for consideration by the Board at
their January 12, 2010 meeting.
ORDINANCE 121509-9 APPROVING THE PETITION OF FOUNTAIN
HEAD LAND COMPANY, LLC, TO AMEND THE PLANNED
RESIDENTIAL DEVELOPMENT (PRD) MASTER PLAN RELATED TO
AT-GRADE GOLF CART CROSSING ON PITZER ROAD FOR
FOUNTAIN HEAD GOLF RESORT (BALLYHACK) WHICH MEASURES
APPROXIMATELY 375 ACRES, VINTON MAGISTERIAL DISTRICT
WHEREAS, the first reading of this ordinance was held on September 22, 2009,
and the second reading and public hearing were held October 27, 2009; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on October 6, 2009; and
WHEREAS, legal notice and advertisement has been provided as required by
I aw.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the proffered conditions imposed by the Board of Supervisors on a
Planned Residential Development (PRD) known as the Fountain Head Golf Resort
containing approximately 375 +/- acres and located on Pitzer Road (Tax Map Numbers
79.04-2-10, 10.1, 10.2, 11, 12, and 79.00-1-1) in the Vinton Magisterial District, are
hereby amended as follows:
1. The developer hereby proffers substantial compliance with the PRD
rezoning document titled "Fountain Head Golf Resort, A Planned
Residential Community", Prepared by Balzer and Associates, Inc.
Dated 8-17-05 and Revised 8-14-09.
2. The developer hereby proffers substantial compliance with the golf cart
crossing sketch shown as Exhibit `A' attached to this rezoning
document. The at-grade golf cart crossing shall not extend beyond
October 1, 2012, at which time a tunnel under Pitzer Road shall be
constructed subject to VDOT approval.
December 15, 2009 937
2. That this action is taken upon the application of Fountain Head Land
Company, LLC.
3. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Church, Flora, McNamara, Altizer
NAYS: Supervisor Moore
3. The etition 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, Sin in Hills Road
and Sunset Drive, Cave Spring Magisterial District Phili
Thompson, Deputy Director of Plannin
0-121509-10
Mr. Thompson advised that in October 2006, the Board rezoned four
acres and approved a special use permit on 41 acres for the construction of a Wal-Mart
and two other retail buildings. Nine conditions were established as part of the special
use permit. Since that time, Wal-Mart has provided traffic studies, site plans have been
approved and they are getting ready to start grading and construction. Wal-Mart now
g38 December 15, 2009
wants to make some changes regarding the development of this site. He will provide
information on each of the three requests from Wal-Mart to amend the conditions of the
special use permit and the recommendations from the Planning Commission at their
meeting on December 14, 2009.
Mr. Thompson advised that as part of the original approval, there was a
set of architectural drawings submitted and there was a condition to develop all of the
buildings on-site with substantial conformity with that drawing and the specific paint
color and number were included. Wal-Mart wants to change that special use condition
to have general conformity instead of substantial conformity. At the public hearing on
December 14, 2009, the Planning Commission recommended by a vote of five to zero
that the condition read that there will be substantial conformance with the architectural
components of those drawings but the color schemes or materials would be in general
conformance.
Mr. Thompson advised that the second condition that Wal-Mart wants to
change says that all freestanding signs shall be monument style signs and shall be
constructed with materials and colors that match the building per the architectural plans
at the time they were submitted in 2006. Wal-Mart is requesting that the condition be
changed so that the panels on the sign do not have to be of the same materials and
colors that match the building. Basically, they are asking that architecturally the
sculpture of the sign would be consistent with the building, and they are asking for a
waiver that the Wal-Mart sign panel would be excluded and therefore they could have
December 15, 2009 939
the blue Wal-Mart panel sign on their monument sign. The Planning Commission last
night approved by a vote of four to one that the tenant signs shall show a white
background as part of the sign.
Mr. Thompson advised that the third request was for the sign to be 20 feet
high and 24 feet wide. In the Clearbrook Village Overlay District (CVOD) a monument
style sign is limited to a maximum of 7 feet high and 10 feet wide. The Planning
Commission had several issues with this request and they recommended a sign of 14
feet high and 20 feet wide, basically doubling the size of what is allowed in the CVOD,
and this was approved by a vote of four to one.
Mr. Mahoney advised that he wanted to clarify an issue about the sign that
surfaced last night during the Planning Commission public hearing and discussion. The
problem is a miscommunication that occurred. When looking at the Wal-Mart sign
panels, exhibit J-3, the term of tenant panels was used and County staff thought that the
Buildings A and B would be owned and leased by Wal-Mart; therefore, any signage on
the monument sign would be legal. During the discussion at the Planning Commission
meeting, the possibility was mentioned that Buildings Aand/or B could be sold to other
businesses and since they would no longer be owned by Wal-Mart, there would no
longer be a landlord/tenant situation. Under that circumstance, the question was raised
that if the corporate logo or sign of another business was on the monument sign, it
could be interpreted as an off-premises sign. According to the CVOD, off-premises
signs are prohibited. Mr. Mahoney believed this would be a strained interpretation and
940 December 15, 2009
most people would look at an off-premise sign as being a billboard; however this would
not be a billboard.
Mr. Mahoney continued that there is precedent in Roanoke County that
allows tenant signage on a monument sign. At Valley Tech Park in the western part of
Roanoke County there is a large monument sign with four or five different independently
owned parcels and none of those signs are interpreted as off-premises signs or a
billboard. He advised that this request is for one, unified commercial development and
there may be several different ownerships of outparcels but all of the signage would be
shown on the monument sign. He thinks that this approach is an appropriate
interpretation and is good planning from staff's perspective. The interpretation is
consistent with the CVOD and will reduce sign clutter. He wanted to brief the Board
about this issue and hoped that the Board would approve this amendment in some
manner and concur with his interpretation. He advised that he and the Zoning
Administrator will document that the official opinion of the Zoning Administrator is that
this is an appropriate interpretation. He believes the interpretation and solution are
consistent with the intent of both the CVOD and the sign ordinance.
Supervisor Moore inquired for clarification if Mr. Mahoney was saying that
the tenant panel signs are fine as long as Wal-Mart owns the buildings and they are
leasing them or are you saying that if Wal-Mart sells the buildings to another entity, the
panel signs would go with that entity. Mr. Mahoney responded that the signs would be
permissible under either alandlord/tenant or a sale situation.
December 15, 2009 941
Will Homiller, attorney with Troutman Sanders, spoke on behalf of the
Petitioner, and stated that they have three requests. First, with respect to the colors on
the building, there was an initial plan submitted with the 2006 special use permit. Since
that time Wal-Mart has adopted, generally speaking, a concept that is more subtle,
earthen type tones for the building. He introduced Joseph Serruya and Jamillah
Muhammad from Perkowitz and Ruth Architects, who could answer specific questions
about the color of the building.
Mr. Homiller continued that as mentioned earlier, the Planning
Commission in its recommendation to the Board suggested a change in the language
from the initial application and provided that the architectural plans be treated
separately from the colors and exterior materials. Initially the request was for general
conformance with the architectural plans including the exterior materials and colors. In
last night's meeting, the Planning Commission separated the concepts by
recommending that the general conformance concept apply only to the exterior
materials and colors and the substantial conformance with the architectural plans
remain. The applicant is supportive of the change that the Planning Commission is
recommending.
Mr. Homiller advised that the second part of their request deals with the
initial special use permit because the initial provision in the special use permit is tied to
the plans that were submitted in 2006 and the proffered plan is being updated. The
Planning Commission expressed concern about the background of the tenant panels.
942 December 15, 2009
They were concerned that there was nothing in the initial application that would keep
those panels consistent in color. The thought of the Planning Commission was that a
white background consistently applied to each of those tenant panels would be
preferable to a having a green, a red, an orange or some other color background. To be
consistent, the Planning Commission approved additional language in its
recommendation that the tenant panels should have white backgrounds.
Mr. Homiller recalled an earlier conversation with Supervisor Moore
concerning the color of the panels and advised that until the tenant panels are installed,
they will still be able to use temporary panels the same color as the brick so essentially
the panels would be camouflaged and would not be white empty panels. When those
tenant panels are created and installed on the sign, they would be consistent with white
backgrounds.
Mr. Homiller advised that the third request concerns the size of the sign.
He advised that Bomani Lee, Wolverton and Associates, and Scott Brown, Advance
Signs, were present. The CVOD has a limitation on the height and width of signs of 7
feet tall and 10 feet wide. This particular site poses unique issues for placement of the
sign because the sign has to be set back approximately 165 feet from Route 220. There
is a significant amount of unused right of way and a floodway where the sign cannot be
placed. The sign is slated to be erected 165 feet from Route 220 and 55 feet from
Clearbrook Village Lane. Because of the distance, a 7-foot by 10-foot sign would have
extremely reduced visibility compared to putting it closer to the road. Additionally the
December 15, 2009 943
site of the sign is six feet below street grade. They have prepared various renderings of
the site lines and drawn a line to show where the street grade cuts across the sign and
since this sign will be sitting low and far back from the road, they feel it is appropriate to
have a larger sign. Initially their sign designer and Wal-Mart came up with a sign 24 feet
tall and 24 feet wide, which would be 18 feet above street grade, and this was part of
their initial request. After completing additional studies in the field and reviewing the
renderings, Wal-Mart determined that the sign was higher than needed and amended its
application to reduce the height from 24 feet to 20 feet, which would be 14 feet above
street grade.
Mr. Homiller continued that the application from Wal-Mart tonight is for a
sign with a width of 24 feet and a height of 20 feet from a natural grade 14 feet above
street grade. The reasoning behind the request is not just the visibility for Wal-Mart's
sign but also for the tenants in the retail area that would rely on the primary signage on
a public road. Again, given the distance back from the road and the low setting of the
signage area, they feel it is appropriate to have tenant signs that would fit on the 20-foot
sign. The Planning Commission last night recommended a maximum height of 14 feet
and width of 20 feet. They understand why the Planning Commission wanted a smaller
sign; however, they feel this is too significant a reduction and they prepared an exhibit
to demonstrate why this would be problematic. The street grade where the cars would
be touching the street would be cutting across this middle part of the sign, and in
addition to looking over other cars or anything that might be between the road and the
944 December 15, 2009
sign, the visibility of the panels of the bottom row would be significantly reduced. They
feel it is critically important to the users of the retail space to have appropriate signage
on Route 220 in order for those businesses to succeed. It is not known yet what
businesses those might be but they need some way of establishing their presence to
passersby on Route 220. He feels it is important to have visible signage for the tenants
as well as Wal-Mart itself.
Mr. Homiller advised that he wanted to point out that they made it clear in
their application that a landscape plan would be approved by the County. There were
some questions last night about what the landscaping would look like when it is mature.
Those questions can be answered at the time that the landscape plan is considered,
and if the landscaping does not encroach upon the signage to block its view, Wal-Mart
would be flexible to work with the County on landscaping.
Supervisor Moore advised that she appreciated Mr. Homiller answering
the tenant panel sign question from last night. She inquired how often Wal-Mart
changes its color scheme. Mr. Homiller deferred to the architects for Wal-Mart for this
question.
Mr. Serruya commented that Wal-Mart primarily has been complying with
whatever the jurisdictions request and for the first time they are seeking an identity,
similar to that used by Target. They intend to use the proposed colors to create a
corporate image that belongs to Wal-Mart.
December 15, 2009 945
Supervisor Moore inquired about the lighting of the sign. Mr. Brown
advised that typically the preference of Wal-Mart is to have the sign internally
illuminated. Standard commercial signage is typically done that way. In this situation,
there has been some discussion of accent lighting because of the additional
architectural features and landscaping. However, the intent is to light the sign panels
internally and not externally.
Supervisor Moore inquired if they are proposing possibly both internal and
external lighting but definitely illuminating the Wal-Mart sign. Mr. Brown advised that the
Wal-Mart sign will be illuminated internally. In response to Supervisor Moore's inquiry,
Mr. Brown advised that they did not know how many tenants would be proposed.
Supervisor Moore commented that it would possibly be six because they are requesting
six tenant signs. Mr. Homiller advised that the anticipation is that these shopping
centers would be like other strip shopping centers where tenants come and leave,
expand or shrink their space, and the number of tenants is unknown at this time.
Chairman Altizer opened the public hearing.
Harry Norris, 5346 Amanda Lane, requested that the Board consider the
requirements of the CVOD. He stated that Wal-Mart knew of the restrictions in the
CVOD and now they want to have a sign approved that is three times as large. In the
CVOD, the sign would be 7 feet by 10 feet and while he agreed this might be small, he
definitely did not think a 20-foot by 24-foot sign would be appropriate. The CVOD also
has a lighting restriction of 18 feet and they are already going over 18 feet. Last night
946 December 15, 2009
the Planning Commission made a concession to a 14-foot sign, which is double what is
in the overlay district, but it is a size that would give them room for the tenant signage
while maintaining the spirit of the CVOD.
Chairman Altizer closed the public hearing.
Supervisor Church inquired if the Petitioner would be able to work with the
14-foot by 20-foot sign that the Planning Commission recommended at the meeting last
night.
Mr. Homiller stated that their major concern was about the natural and
street grade and the overall height of the sign. He commented that at the meeting last
night, the consensus of the Planning Commission was that every dimension spoken of
was of natural grade. At 14 feet from natural grade, looking at the sight line, the most-
bottom tenant panels would obviously suffer more than the Wal-Mart panel itself. In
consideration of the overall design and trying to fit the design with the architecture and
colors, there will be some area around the sign that will not be utilized. For example, the
top two feet of the sign is an architectural element that is not illuminated. Also, there is
area at the base, which would be hidden with a 20-foot by 24-foot sign and the actual
advertisement area is much smaller. They will work with whatever is decided by the
Board about the sign; however, from a feasibility standpoint, reducing the size of the
sign will be more detrimental to the tenant panels than the Wal-Mart sign and the tenant
panels will reach a point where they become too small.
December 15, 2009 947
Supervisor Church inquired if Mr. Homiller related the information he was
providing to the Board about the sign to the Planning Commission last night. Mr.
Homiller stated that they advised the Planning Commission that their initial application
was modified to reduce the sign to 20 feet. After the public hearing was closed, the
Planning Commission discussed the 14-foot high sign that they ultimately
recommended. Mr. Homiller commented that he did not have the opportunity to respond
to the decrease in height so they prepared an exhibit to show the Board the 14-foot sign
and the street grade. If they could have responded to the Planning Commission's
recommendation, they would have told them that the sign would be too low.
Supervisor Moore commented that Mr. Homiller mentioned landscaping
but there is no landscaping plan yet. She noticed in one of the exhibits that there was no
scrub brush but there was a beautifully landscaped field of green grass and the Wal-
Mart sign could be seen from Route 220. The sign will be illuminated; however, staying
consistent with the character of the CVOD needs to be considered. She wanted to point
out that landscaping can add to or detract from a sign or development.
In response to Supervisor McNamara's inquiry, Mr. Homiller replied that
the monument sign is 165 feet from Route 220. Supervisor McNamara advised that in a
sign of 20 feet by 24 feet, the tenant panels would be 2 feet by 6 feet, and the tenant
signs might not be seen in any scenario.
Mr. Homiller advised that this was a concern. Their thought is that people
at the stop light would pay attention and see the tenant panel signs. Additionally if a
948 December 15, 2009
franchise like Subway or Quiznos were to be located there, they would have a readily
identifiable logo that could be quickly processed without having to read the letters.
Supervisor McNamara commented that he does not see the benefit of the
tenant panels as being great. He thought that the Planning Commission came up with
an appropriate decision on the sign; however, he would defer that decision to
Supervisor Moore.
Supervisor Altizer inquired if the tenant signs are for outparcels only or for
any leased space within the Wal-Mart. Mr. Homiller advised that the tenant signs would
be for the outparcels and not for tenants within Wal-Mart. His understanding is that
there will be some sort of division between Wal-Mart and the adjacent properties which
would dictate the rights to the tenant panels. At this time, it is not planned that the signs
would be used by tenants within the Wal-Mart store itself.
In response to Supervisor Altizer's inquiries about existing outparcels, Mr.
Thompson clarified that Buildings A and B are sometimes referred to as "outparcels",
and Buildings A and B, each with 6,000 square feet and not owned by Wal-Mart ,would
use the tenant panels. There are also two individual outparcels located on Clearbrook
Village Lane, which could be used for restaurants with a monument sign on each parcel.
Supervisor Altizer inquired if he understood correctly that there would be two smaller
buildings virtually separated by a divided strip center. Mr. Thompson advised that this
was correct and it would be similar to the Bonsack Kroger.
December 15, 2009 949
Supervisor Altizer inquired if they were looking for six tenants for the two
buildings. Mr. Thompson commented that he did not know how many tenants since the
leasing of the space has not taken place yet. Wal-Mart is providing six tenant spaces on
the sign and if there were more tenants, some might not be put on the sign.
Supervisor Altizer inquired what kind of signage would be allowed for
Buildings A and B. Mr. Thompson advised that it will depend upon their public road
frontage and part of the problem with subdividing is that very little public road frontage is
available. Those buildings may only have free-standing signs and it is hard to calculate
the signage at this time.
Supervisor Moore commented that there are also a couple of outparcels
that Wal-Mart does not own that are located behind the monument sign. She stated that
in keeping with the CVOD, they need to think about the fact that whoever builds on
those parcels will probably want the same kind of signage. She is fine with the new
color scheme and acknowledges that the Wal-Mart logo is well known. She is
concerned about respecting the CVOD and thinks that citizens want to have some input
because they worked very hard to get the CVOD approved.
Supervisor Moore moved to approve the ordinance with the following
amendments: condition #2, substantial conformance shall replace general conformance,
including specific exterior materials and colors; and condition #5, the monument sign
shall not exceed a height of 10 feet and the width shall not exceed 10 feet and the
950 December 15, 2009
tenant panels shall remain the same color as the sign until the tenants install their own
panels.
Mr. Homiller inquired if he could respond to Supervisor Moore's
amendments. Supervisor Moore stated that he could respond. Mr. Homiller advised that
concerning the first amendment, he believed it was County staff's recommendation to
change to general conformance because of a concern that the paint colors specified on
the plans may not be available in a year and they would have to come back before the
Board and Planning Commission to change the paint colors. He would encourage
keeping the distinction between general and substantial conformance as to the exterior
colors and materials. They obviously disagree on the height of the sign and he believes
that it will render the signage not visible enough. The dark camel color for the tenant
signs would be acceptable to Wal-Mart.
Supervisor Moore advised that she feels that natural color is a broad
category and all natural colors can be found in the earth, including hot pink polka dot.
She would feel more comfortable leaving conformance as substantial and if a color
change is needed, it would have to be requested and the citizens could be involved in
the discussion.
Chairman Altizer advised that Supervisor Moore has made a motion. He
asked Mr. Mahoney if a change in color would be a minor or major change that staff
would be able to make or would the request have to come before the Board for
approval.
December 15, 2009 951
Mr. Mahoney commented that this is why County staff with respect to the
colors suggested the word general conformance, which would provide some flexibility
for staff to administratively approve a modification or change the shadings of the greens
or browns. Supervisor Moore's amendment for substantial conformance is a more
restrictive limitation. Mr. Mahoney stated that he understood the intent of the
amendment was to require any change in color to come back before the governing body
and therefore, the amendment substantially reduces any administrative discretion.
Chairman Altizer advised that Supervisor Moore has moved approval of
the ordinance with amended conditions.
Supervisor Moore's motion to adopt the ordinance with a change to
condition #2 from "general" conformance to "substantial" conformance and to condition
#5 a sign not to exceed 10 feet in height or 10 feet in width and tenant panels are to
remain the same color as the sign until tenants are installed was carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
ORDINANCE 121509-10 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 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 UPON THE APPLICATION OF WAL-MART
REAL ESTATE BUSINESS TRUST
952 December 15, 2009
WHEREAS, Ordinance 102406-7 adopted by the Board of Supervisors on
October 24, 2006 rezoned approximately 4.1 acres from AR, Agricultural Residential
District, to C-2, General Commercial District, and CVOD, Clearbrook Village Overlay
District, and granted a Special Use Permit with conditions to Wal-Mart Real Estate
Business Trust to operate a retail sales establishment with a gross floor area greater
than 50,000 square feet, garden center, and minor automobile repair facility on
approximately 41 acres located in the 5200 block of Franklin Road; and
WHEREAS, Wal-Mart Real Estate Business Trust has petitioned the County for
approval of certain amendments to the Special Use Permit conditions imposed by the
above ordinance; and
WHEREAS, the first reading of this ordinance was held on November 17, 2009
and the second reading and public hearing were held December 15, 2009; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on December 14, 2009; and
WHEREAS, legal notice and advertisement has been provided as required by
I aw.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the Board finds that the granting of a special use permit with the
following amended conditions to Wal-Mart Real Estate Business Trust to operate a retail
sales establishment with gross floor area greater than 50,000 square feet, garden
center, and minor automobile repair facility on approximately 41 acres as described in
Exhibit B attached to ordinance 102406-7 adopted by the Board of Supervisors on
October 24, 2006, and located in the 5200 block of Franklin Road, Stable Road,
Clearbrook Lane, Singing Hills Road and Sunset Drive (Tax Map Numbers 88.04-1-35,
88.03-1-9, 88.03-1-4.1, 88.03-1-2, 88.04-1-38, 88.04-1-41, 88.04-1-36, 88.04-1-34,
88.03-1-1.3, 88.04-1-26, 88.03-1-6, 88.03-1-3, 88.03-1-1.1, 88.04-1-39, 88.04-1-40,
88.04-1-39.1, and 88.03-1-1.2) in the Cave Spring Magisterial District is substantially in
accord with the adopted 2000 Community Plan, as amended, pursuant to the provisions
of Section 15.2-2232 of the 1950 Code of Virginia, as amended. The Board also finds
that this proposal as modified by the following conditions conforms to the Design
Guidelines for the Clearbrook Village Commercial Overlay District, and that any adverse
impacts to the surrounding neighborhood or community shall be minimized by the
following conditions. The special use permit is hereby approved with the following
AMENDED conditions:
1) The 41 +/- acre site shall be developed in substantial conformance with the site
plan prepared by Wolverton & Associates, dated October 13, 2006.
2) All buildings on the 41 +/- acre site shall be constructed in substantial
conformance with the architectural plans, including exterior materials and colors,
prepared by Perkowitz & Ruth, dated September 30, 2009, entitled "#1301-02
Roanoke, VA Exterior Elevations -Proposed Color Scheme".
December 15, 2009 953
3) All roof top mechanical and other equipment shall be screened from view from
the Blue Ridge Parkway and U.S. Rt. 220.
4) All retaining walls shall have a maximum height of 12 feet and shall match the
exterior material "Quick Brick" and color "Heritage" as shown on the architectural
plans prepared by Perkowitz & Ruth, dated October 13, 2006. Retaining walls
within any required buffer yard shall not exceed 4 feet.
5) All freestanding signs shall be monument style with a maximum height of 10 feet
and a maximum width of 10 feet. The monument sign, exclusive of the sign
panels to be installed thereon, shall be constructed with materials and colors that
match the buildings, per the architectural plans prepared by Perkowitz & Ruth,
dated September 30, 2009, entitled "#1301-02 Roanoke, VA Exterior Elevations
-Proposed Color Scheme." The tenant panels shall remain Camel Brown until
utilized by a tenant, at which time the background shall be white.
6) The 41 +/- acre site shall be developed in substantial conformance with the
landscaping plan prepared by Hill Studio, dated 9/26/06, and including the
specific details shown on the "Singing Hills Rd Landscape Buffer" plan prepared
by Hill Studio, dated October 13, 2006.
7) Construction entrance shall be located at the Clearbrook Village Lane entrance
as shown on the site plan prepared by Wolverton & Associates, dated October
13, 2006. All construction traffic shall use Clearbrook Village Lane.
8) The applicant/developer shall be responsible for constructing reasonable and
necessary off-site improvements to the public road system the need for which is
substantially generated and reasonably required by the development.
9) The Route 220/Stable Road intersection and the new Stable Road alignment
depicted on the site plan prepared by Wolverton & Associates dated October 13,
2006 will be modified so that:
a. The northernmost access to Stable Road located at the rear of the Anchor
1 building will be eliminated.
b. Subject to VDOT approval, the Stable Road intersection will be
redesigned to safely separate neighborhood and commercial traffic with
the traffic engineer for the Singing Hills Road and Stable Road residents
having an opportunity for input in the redesign.
c. Trucks servicing the development on this 41 +/- acre site shall not use
Stable Road for ingress and egress.
d. Internal truck circulation on the site shall be addressed and provided.
e. Pedestrian conflicts on the site shall be identified and addressed.
f. An alternate entrance onto Route 220 Northbound may be evaluated.
2. That this action is taken upon the application of Wal-Mart Real Estate
Business Trust.
3. 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
954 December 15, 2009
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
IN RE: RECESS
Chairman Altizer declared a recess from 8:30 p.m. until 8:45 p.m. before
the public hearing was held.
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 Vir inia Brent Robertson,
Director of Management and Bud et
Mr. Robertson advised that this public hearing is to secure citizens'
comment 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 a meeting and
public hearing. The notice was published on December 8, 2009. The items relevant to
this public hearing include the following: (1) Request to appropriate an amount not to
exceed $1,800,165 from the School and County health insurance reserves for bonuses
to School and County employees. (2) Request to accept and appropriate a local
government challenge grant in the amount of $5,000 from the Virginia Commission of
the Arts. (3) Request to accept and appropriate funds in the amount of $30,000 to
December 15, 2009 955
Roanoke County Schools from the Commonwealth of Virginia for the Nationally Board
Certified Teachers Incentive. (4) Request to appropriate funds in the amount of
$11,352.54 for the assessment of Appalachian Power Company negotiations. Mr.
Robertson stated that there will be no fiscal impact as a result of the public hearing, and
requests for the appropriations will occur later during the agenda.
Chairman Altizer recognized Drew Barrineau, Chairman of the School
Board, for his comments.
Chairman Barrineau, introduced those present from the school
administration, as follows: Penny Hodge, Assistant Superintendent of Finance; Dr.
Lorraine Lange, School Superintendent; Dr. Carol Whitaker, Assistant Superintendent of
Personnel; Jerry Canada, School Board member, and Mike Stovall, School Board Vice
Chairman.
Chairman Barrineau advised that he was present to address the reason
why the School Board requested this public hearing concerning amid-year, one-time
bonus payment for school employees. The School Board has always tried to provide
employees with competitive compensation packages to attract and retain the type of
personnel needed in the school system teaching children. Due to a deepening
recession, which resulted in significant revenue losses at both the State and the local
levels, the School Board adopted an operating budget this year that is approximately $7
million less than the previous year and it did not contain any pay increases for
personnel. The priorities were to adopt a budget that would maintain instructional
956 December 15, 2009
integrity in the classroom and try to avoid implementing reduction in force policy. Both of
these goals were met.
Chairman Barrineau continued that not long after the 2009-2010 budget
was adopted, it became increasingly apparent that the exhaustion of the budget was
just the beginning of budget concerns. Being proactive, on July 1, 2009, the first day of
the fiscal year, staff resumed the budgeting process with the belief that the next budget
cycle could result in greater spending reductions than the last one. The School Board
set a target of identifying at least $8 million in efficiencies in spending reductions by the
beginning of the 2010-2011 budget. He feels confident that the $8 million target will be
met by the first budget meeting in January. Their conservative budgeting practice to
date has allowed the schools to weather the storm for meeting the needs of students
and employees. Working closely with the Board of Supervisors, a contingency fund was
established some years ago in the event of having a shortfall. In addition to adopting the
contingency fund, the Board gave the schools incentives to be frugal with resources
while allowing the schools to keep year-end surpluses and help fund minor and major
capital funds. This practice has resulted in yearly budget surpluses, which has also
allowed re-investment in the infrastructure and to enhance reserves. Unfortunately,
there are many unknown items when a budget is adopted. Had the School Board known
at the adoption of the last budget that their surpluses and reserves were still growing,
then they would be in a strong position to deal with future revenue declines. They would
have enhanced the employee compensation package in some manner at that time.
December 15, 2009 957
Chairman Barrineau continued that while the timing is unusual, they feel in
abetter position to give employees cone-time cash payment. This payment, if the
Board approves the transfer, will come from the schools Health Reserve Account. This
account is not a school operating account. The accumulation in this fund has been due
to contributions by both employees and Roanoke County Public Schools in addition to
very favorable claims experiences over the years. Currently, the Health Reserve
Account is in excess of $10 million and has grown over $5 million during the past three
years. While the employees have no legal right to any of these reserves, they were
instrumental to a partial increase in the reserve of their contributions and favorable
claims experiences over the years. Obviously, if the future could be predicted, staff
would have set the medical rates and charged employees to only cover future claims in
a necessary reserve that is needed for this account. However, had this been done, the
reserve would be much smaller than it is now. It has never been the schools' intention to
consider the rate charged employees to participate in medical plans as a revenue
source for operating budget. Roanoke County Schools will continue to use this reserve
account to cushion the impact of health premium increases on employees. They feel
that the reserve balance is more than adequate to allow for cone-time payment as well
as foreseeable premium increases. Ultimately, it is their responsibility to produce a
budget that is aligned with operating revenues.
g58 December 15, 2009
Chairman Barrineau continued that while the School Board is aware of the
financial challenges that lie ahead, they believe they can afford to make this one-time
payment now because of their conservative and proactive budget approach and
accumulated reserves that may be used as a one-time funding source. The payment
from anon-operating account for this one-time payment will not complicate efforts to
produce a budget. It will allow a needed monetary reward for exceptional employees in
this challenging time. It is his hope that the Board will consider the financial stewardship
demonstrated over the years in making their decision concerning the resolution reached
by the chairs and vice chairs of both Boards on December 1, 2009, to approve a one-
time payment for the School and County employees.
Dr. Lange expressed appreciation to Supervisor Church for requesting the
public hearing today so that the School Board and employees could voice their
opinions. She wanted to clear up two points. The first is about employee jobs and there
being a misconception that the bonus has a direct relationship to employee jobs. This is
not true. There are two factors that really affect staffing. The first factor is enrollment,
and at the present time, Roanoke County Schools is decreasing in its enrollment. They
hope to overcome this decreasing enrollment through attrition and are waiting for
retirements on January 31 to determine if they can balance staffing through attrition.
Dr. Lange continued that the second factor that affects staffing is the
number of students who register for classes. In the past, they had the luxury of
sometimes having classes of ten; however, it would not be fiscally responsible to have
December 15, 2009 959
classes of five or ten and classes have to be balanced. She promised to do everything
possible to employ all of the teachers again. They will be moving people around and
people may not be in the same position, but the School Board and School
Superintendent want to keep as many teachers as possible employed. She commented
that Ms. Hodge will speak to concerns about the health insurance premiums and claims.
Ms. Hodge advised that the first concern shared with her was if the health
reserve money could be used to reduce the premiums that employees pay. The short
answer is yes and they have in the past and will continue to use the reserve to help
cushion or offset increases in the health premium rates each year. She and Ms. Hyatt
looked at the reserves to ensure that the recommended balance that needs to be in that
reserve includes a portion sufficient to do that going forward, regardless of any action in
relation to a bonus. The second concern was what happens if there are catastrophic
medical claims in the school system. This could happen with self-insured pools because
individual employees or dependents covered under the plan could have a catastrophic
illness, an accident or some type of injury that would require very significant ongoing
medical claims. Because the schools are self-insured, one of the strategies used to
address that concern is the purchase of reinsurance for every individual or dependent's
claims. If the claims exceed $200,000, the reinsurance pays those excess claims. The
second strategy used to limit the rest of the County and the School system is a
reinsurance policy on the total claims for the group. The schools have been self-insured
for almost twenty years and there have been years when the reinsurance policy was
960 December 15, 2009
used. This protects the School system and the local government and ultimately the
citizens from the potential for catastrophic losses that could not be foreseen. The
bottom line is that what has been done is recommended and fiscally sound to protect
the self-insurance pool with the reinsurance policies while also protecting the assets of
the County. By being self-insured, any cost savings stays within the School system and
the County government and therefore, ultimately within the hands of the taxpayers as
opposed to being paid directly to an insurance company.
Dr. Lange advised that they feel that the employees deserve this bonus
and they can still provide strong instructional programs to students. The School Board
has done a good job of making sure that they can get through the budget crisis. They
feel that the planning by the School Board and staff has contributed to being ready to
provide bonuses. Although there still may be cuts in the future, they do not believe the
County school system will be affected like other school systems may be. Dr. Lange
stated again that they feel the employees deserve the bonus.
Chairman Altizer opened the public hearing.
The following citizens spoke in favor of giving bonuses to School and
County employees: (1) Tim Summers, 13072 Catawba Road, Troutville, Roanoke
County teacher, Vice-President of the Roanoke County Education Association (RCEA)
and Chair of RCEA Fact; (2) Martha Snidow, 3012 Fresh Meadow Lane, Salem, teacher
and RCEA representative at William Byrd High School; (3) Tammy Wood, 6911 Scotch
Pine Lane, teacher at Northside High School, President, RCEA; (4) Teresa Corprew,
December 15, 2009 961
7426 Indian Road, teacher and RCEA Representative at William Byrd Middle School;
(5) Mary Beth Coffey, P. O. Box 204, Bent Mountain, Roanoke County Speech and
Language Pathologist at Oak Grove and Bent Mountain Elementary Schools; (6) Catey
Moretz, 3217 Colonial Avenue, Roanoke County teacher; and (7) Chuck Lionberger,
3229 Bromley Road, President of County Council of PTA's.
The following citizens spoke in opposition to giving the bonuses to School
and County employees: (1) Bruce Hartwick; 3464 Colonial Avenue, Apt. 142; (2) Mickey
Mixon, 4508 Summerset Circle; (3) Max Beyer, 2402 Coachman Drive; (4) Mike Bailey,
7516 Deer Branch Road; and (5) Leslie Coty, 6658 Sugar Ridge Drive.
Chairman Altizer closed the public hearing.
IN RE: FIRST READING OF ORDINANCES
1. Request to appropriate $1,800,165 from the School and County
Health Insurance Reserves for bonuses to School and County
employees and adoption of an ordinance authorizing the County
employee bonuses Due to time constraints, it is requested that,
upon afour-fifths vote of the Board, the second reading be
waived and the ordinance adopted as an emergency measure.)
Diane Hyatt' Assistant County Administrator)
0-121509-11
962 December 15, 2009
Ms. Hyatt advised that the School and County Boards are considering
providing a $500 bonus to each contracted full and part-time School and each full and
part-time regular County employee. She stated that Section 15.2-1508 of the Code of
Virginia as amended authorizes the governing body of any city, county or town to pay a
monetary bonus. The payment of this bonus must be authorized by an ordinance. There
is no similar requirement for bonuses to the School employees to be done by ordinance.
Due to time restraints, it is requested that the second reading of this ordinance be
dispensed with upon a 4/5 vote of the members of the Board. If the Board does not
waive the second reading of the ordinance, the second reading of the ordinance will be
held on January 12, 2010, and the bonuses will be delayed until February of 2010. The
School Board took action on this same item at their meeting on December 10, 2009.
Because this action requires an additional appropriation of funds, it must be approved
by the County Board of Supervisors. The one-time payment will be funded from the
excess balances in the School and County's self-insurance health reserves. The School
Health Insurance Reserve will fund $1.4 million for the School payments and a portion
of the County payments. The County Health Insurance Reserve will fund $400,165 for
the remainder of the County payments.
Ms. Hyatt continued that if the Board would like to proceed with the bonus,
the following actions are required: (1) appropriate $1,800,165 from the School and
County Health Insurance Reserves to pay the bonuses to the eligible School and
County employees; and (2) adopt an ordinance to approve the payment of the bonuses
December 15, 2009 963
to the County employees and dispense with the second reading of the ordinance upon a
4/5 vote of the Board. She stated she would be glad to answer questions.
Supervisor Flora advised that the Board has been put in a difficult situation
and no matter what decision they make, School and County employees or taxpayers will
not agree. He believes there is misinformation that the health care reserves belong to
the employees. He advised that over the past five years, School Board employees have
contributed approximately $26 million into the Trust Fund; however, over the same five
years, those employees have drawn out almost $80 million in benefits, which makes a
difference of $54 million and those funds either came from taxpayers, an umbrella
insurance policy or somewhere else. The employees have actually benefited threefold
from their premiums. Another misconception is that the employees could have received
their bonuses without the Board's approval and the bonuses could have been paid for
by already appropriated funds; however, this assumes that there will be surplus funds at
the end of the year. The School Board has had a surplus at the end of every year and
last year it was substantial. The School Board could have taken the surplus at the end
of the year to pay those bonuses but they preferred to have the money appropriated so
they could use the surplus at the end of the year for other purposes.
Supervisor Flora continued that his problem is that the Schools will be
losing funds from the State next year and the County will be losing revenues and in two
years when the stimulus funds are exhausted, the budget situation will be even worse.
He knows that not every School Board employee agrees with the bonus because
964 December 15, 2009
several have called him to express their opinions. The only thing that the County knows
for certain is that next year there will be less money for the budget. This is not a good
time to be giving out bonuses when people are losing their jobs, facing foreclosures and
living with uncertainty. He would prefer to keep the $1.8 million to buy another year's
worth of service for employees rather than using it for bonuses. He does not believe that
anyone can say whether or not there will be reductions in force next year. The timing is
not right and it is not good to leave the perception that the Board can give bonuses
when people are struggling because of the worsening economy.
Supervisor Church prefaced his remarks by commenting from a December
2, 2009, newspaper report that every Congresswoman and man, Senators and
Councilmen receives $3.3 million to $4.1 million per year for office expenses and
personal travel. Both political parties in Washington are taking advantage of situations
that cost taxpayers funds.
Supervisor Church continued that some think that County citizens and
school teachers are separate entities; however, just because someone is a teacher
does not make them any different from the citizens that the Board serves. He believes
in keeping promises made and there is no doubt that many teachers received
notification that there would be a bonus, which started at $750, and eventually a
compromise was reached on the amount. This request has put the Board in an
unenviable position because of the lack of communication. The Board has enjoyed a
fabulous working relationship with the School Board during his tenure and he does not
December 15, 2009 965
think that the School Board or Administration did anything other than try to make an
honest goodwill gesture for employees. He would have to agree that the health care
reserves funds are not really taxpayers' monies. His figures show that employees paid
in approximately 30 percent of the total premiums and claims have paid approximately
three times that amount; however, that is not the issue tonight. He believes this issue
has been politicized. There was one individual who spoke tonight for himself but sent
out party emails to stand firm. This is a Roanoke County issue, not a partisan issue. He
has talked to many teachers and very few have expressed the desire not to have the
bonus and most are in favor of the bonus. He has also received many emails and phone
calls from citizens stating their opinions. He took an oath to represent the people and 70
to 80 percent of the people who contacted him are in favor of giving the bonus.
Supervisor Church continued that the County needs to do the right thing
and stand behind its commitments. The Board needs to deal with the issue of bonuses
and avoid a similar situation in the future. He agreed with Supervisor Flora that this is a
no-win situation but this comes with the responsibility of being a member of the Board.
He hopes that the Board will honor the commitment and at the appropriate time, he will
make a motion to approve the appropriation.
Chairman Altizer commented that he wanted there to be no
misrepresentation about the meeting that occurred between the Chairmen and Vice
Chairmen of the Board and School Board. There were no promises made. They
developed the framework of what would be presented to the Board. He understands the
966 December 15, 2009
feelings of both sides about the bonuses. He is disturbed because everyone here is a
citizen of Roanoke County; however, they came to this meeting for different reasons
and with different philosophies. This issue was not started properly. All of the Board
members have received many emails, phone calls and talked to teachers and citizens
about this subject. The bonus has nothing to do with the teachers and how they teach or
their positions. The Board cannot tell the School Board how to spend the monies;
however, this is a request for an appropriation. He does feel there should be a fund that
would reimburse employees for legitimate expenses on a yearly basis with the money
that they put into the fund.
Supervisor Altizer continued that if he supported this action then every
reason and concern that he had in the beginning about wanting to save teachers' jobs
over bonuses, moving this appropriation to a budget cycle and looking at pay raises
versus bonuses would not be true. This is the worst position he has been in during his
time on the Board. It should never have come to citizens being divided over this issue.
$300 million is what the Governor's report is going to probably cut out of the current
budget cycle. The School Board is projected to lose $8 million over the next biennium;
Roanoke County would lose $10 million in the worst case scenario. The Board has to be
prudent and it has nothing to do with the energy that employees put into their jobs. It
has to do with doing things with as much as you can at the right time.
December 15, 2009 967
Supervisor Moore stated that she wanted to let the teachers know that
they are appreciated for staying late after school, helping students, helping with parades
and Red Ribbon Week, but most of all for being responsible for children. The teachers
work very hard to take care of children and pay for other things such as school supplies
and whatever children may need. Most of her questions and concerns about the health
care reserves have been answered and she thinks that a promise made is a promise
kept. This is a tough decision; however, she thinks that this is a one-time compensation
for a very well-deserved cause.
Supervisor McNamara welcomed everyone to the meeting and advised
that there were teachers attending who taught his children. He advised that he was
asked why he did not respond to some emails. He advised that in 38 minutes between
1:57 p.m. and 2:35 p.m. today, he received 18 emails and this has been going on for
some time and there has not been enough time to answer each one while also working.
He commented that he found out about the bonus from the newspaper. He stated that
the compromise agreement meeting was not a public hearing. The compromise
agreement two weeks ago when he left the meeting was to give the bonus using the
payroll account of the schools, which had a surplus and would not require a vote of the
Board of Supervisors. He inquired of Mr. Mahoney if that option still exists. Mr. Mahoney
replied in the affirmative.
g68 December 15, 2009
Supervisor McNamara stated that the option for a bonus was still there as
part of the compromise agreement. It was only after he left the compromise meeting at
1:15 p.m. and came back to a Board meeting several hours later, to find out that a
public meeting was going to be held. He asked Mr. Mahoney if a second reading was
required to approve the appropriations.
Mr. Mahoney advised that there has to be second reading on an
ordinance to authorize and approve bonuses for County employees but not for School
Board employees. It is the Board's discretion to waive the second reading of the
ordinance upon a 4/5 vote.
Supervisor McNamara inquired if there had to be a 4/5 vote of the School
Board to approve the appropriation. Mr. Mahoney replied in the negative.
Supervisor McNamara advised that his other concern was using one-time
reserves to keep jobs in the future. He does not think it would be fiscally prudent to use
one-time money to fund on-going expenses but one-time money for a bonus would
make good sense. However, he felt that the bonus could be taken out of a payroll
account that had already been appropriated and there would not have to be public
hearings and ordinances adopted.
Supervisor Church commented that again there are different information
perceptions. He was in the Administration Building while the compromise meeting was
being held. He was called into the compromise meeting, at which time Supervisor
McNamara left so it would not be considered a legal meeting. It was Supervisor
December 15, 2009 969
Church's perception when he left the room that the compromise was a $500 bonus.
Supervisor Church continued that Mr. Goodman knew he was in the building and asked
him to come into the meeting. He is not saying that $1.8 million is a small amount of
money. The service of school teachers is greatly valued. No one can predict the future
but he has been reassured that no layoffs will happen because of this action tonight. He
thought Dr. Lange had described correctly that things could happen such as lack of
enrollment or other factors. He does not think much would be accomplished if it cost
even one teacher their job. However, this is something that needs to be done and they
need to move forward. He advised that he knows it is not the best solution to make a
motion knowing it will be defeated; however, at the proper time, he will make a motion to
approve the appropriation and adopt the ordinance.
Supervisor Flora stated that if it takes a 4/5 vote to approve the
appropriation and there are two people speaking against approval, the item for the
County portion of the bonuses would be carried over into January. He does not want to
be the "Grinch that stole Christmas." Philosophically, he has a problem with the
appropriation but to move forward, he will change his position and vote in favor of the
approval because he feels the same result would occur in January. He stated that he is
changing his position and will vote in favor of the appropriation because he has a great
deal of respect for School Board employees, as well as all public employees. Most of
the public employees, other than those near the top of the pay scale, are underpaid. He
does not want to stand in the way of the bonuses happening by Christmas.
970 December 15, 2009
Supervisor Church expressed his appreciation to Supervisor Flora for his
comments. He moved to approve the appropriation and adopt the ordinance.
Chairman Altizer inquired of Mr. Mahoney if there should be two motions.
Mr. Mahoney responded that it was his understanding that both items could be
combined with one vote.
Supervisor Church moved to appropriate the funds, adopt the ordinance
and waive the second reading as an emergency measure carried by the following
recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara
NAYS: Supervisor Altizer
ORDINANCE 121509-11 AUTHORIZING THE PAYMENT OF A FIVE
HUNDRED DOLLAR BONUS TO CERTAIN COUNTY EMPLOYEES
WHEREAS, Section 15.2-1508 of the 1950 Code of Virginia, as amended,
authorizes the governing body of any county, city and town to pay a monetary bonus to
certain local government officers and employees; and
WHEREAS, the Board of Supervisors of Roanoke County deems that it is in its
best interests to authorize the payment of monetary bonuses to recognize the services
rendered by County officers and employees during these difficult economic times; and
WHEREAS, the Board of Supervisors has previously appropriated the sum of
$1,800,165 for bonuses for School and County employees; and
WHEREAS, the first reading of this ordinance was held on December 15, 2009;
and the second reading of this ordinance has been dispensed with since an emergency
exists, upon a 4/5ths vote of the members of the Board.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the County Administrator is hereby authorized to pay a Five Hundred
Dollar bonus to certain qualified Roanoke County officers and employees. Officers and
employees who qualify for the payment of this bonus are full-time and regular part-time
employees who are actively employed with the county at the time the bonus is paid.
Regular full-time employees are those listed in the Roanoke County Pay Classification
Plan. Regular part-time employees are those who work a regular weekly schedule.
December 15, 2009 971
Part-time casuals and temporaries, and members of boards and commissions are not
eligible for this bonus.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara
NAYS: Supervisor Altizer
IN RE: CONSENT AGENDA
R-121509-12, R-121509-12.a, R-121509-12.b
Supervisor Flora moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
RESOLUTION 121509-12 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS
AGENDA FOR THIS DATE DESIGNATED AS ITEM U- 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 December
15, 2009 designated as Item U -Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 8 inclusive, as follows:
1. Approval of Minutes -May 12, 2009; May 19, 2009
2. Resolution accepting Colonial Court Drive into the Virginia Department of
Transportation (VDOT) Secondary Road System
3. Resolution accepting Monet Drive into the Virginia Department of
Transportation (VDOT) Secondary Road System
4. Request to accept and appropriate a Local Government Challenge Grant
in the amount of $5,000 from the Virginia Commission for the Arts
5. Request to accept and appropriate funds in the amount of $30,000 to
Roanoke County Schools from the Commonwealth of Virginia for the
nationally board certified teachers incentive
6. Request to appropriate funds in the amount of $11,352.54 for the
assessment of Appalachian Power Company (APCo) negotiations
972 December 15, 2009
7. Confirmation of appointments to the Grievance Panel, Library Board and
Western Virginia Regional Jail Authority
8. Request to accept the donation of certain real estate from an affected
property owner for roadway improvements to Bandy Road, Route 666,
Vinton Magisterial District
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 Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
RESOLUTION 121509-12.a ACCEPTING COLONIAL COURT 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, this Board requests the Virginia
Department of Transportation to 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 Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
December 15, 2009 973
RESOLUTION 121509-12.b ACCEPTING MONET 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, this Board requests the Virginia
Department of Transportation to 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 Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor McNamara: He thanked all of the citizens he served during his
tenure on the Board. He read the first paragraph of a poem he received from an
anonymous citizen entitled Goodbye to Joe McNamara.
Supervisor Moore: She congratulated Victor lannello and Synchrony for
having a great year and receiving a $60 million contract from McQuay International. She
also had the pleasure of touring Plastics One last week and congratulated them on their
(~74 December 15, 2009
plan for expansion. She wished a Merry Christmas to everyone.
Supervisor Church: He thanked Supervisor McNamara for his years of
service. He reminded the citizens of Glenvar about the upcoming community plan.
Supervisor Flora: He congratulated the Northside High School football
team for winning the state championship. He commented that it is wonderful to have a
Roanoke County school win the state championship and that the team had an awesome
year.
Supervisor Altizer: He offered Godspeed to Supervisor McNamara and
commented that he has been a tremendous asset to the Board and Roanoke County.
IN RE: ADJOURNMENT
Chairman Altizer adjourned the meeting at 10:14 p.m.
Submitted by:
n.
Becky R. eador
Clerk to the Board
Approved by:
~ ~~
Michael W. Altizer
Chairman