HomeMy WebLinkAbout3/9/2010 - RegularMarch 9, 2010 77
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of March 2010. Audio and video recordings
of this meeting will be held on file for a minimum of five (5) years in the office of the
Clerk to the Board of Supervisors.
IN RE: CALL TO ORDER
Chairman Church called the meeting to order at 3:00 p.m.
MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Vice Chairman Eddie
"Ed" Elswick, Supervisors Michael W. Altizer, 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, Director of Public Information
IN RE: OPENING CEREMONIES
The invocation was given by Reverend Philip Bottomley of the Church of
St. Peter and St. Paul. The Pledge of Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Mr. Goodman requested that the annual report from the Roanoke
Regional Partnership be postponed at the request of Beth Doughty.
Paul Mahoney, County Attorney, requested that a closed meeting be
added pursuant to the Code of Virginia Section 2.2-3711.A.7. Consultation with legal
counsel and briefings by staff members pertaining to actual litigation, namely, briefing
on the status of the litigation concerning the operation of and expenditure of public
funds and donated funds by the Clearbrook First Aid and Rescue Squad, Inc.
78 March 9, 2010
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Timothy C. Beard, Planner II,
upon his retirement after more than 32 years of service
RESOLUTION 030910-1 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
TIMOTHY C. BEARD, PLANNER II, UPON HIS RETIREMENT
AFTER THIRTY-TWO YEARS OF SERVICE
WHEREAS, Timothy C. Beard was first employed by Roanoke County on
January 9, 1978, as an Engineering Aide in the Engineering Division of the Department
of Public Works, as a Planning Technician in 1983 in the Planning, Zoning and Grants
Division of the Department of Development, as an Associate Planner in 1985 in the
Department of Development, as a Planner in 1994 in the Department of Planning and
Zoning, and then as a Planner II in 2004 in the Department of Community Development;
and
WHEREAS, Mr. Beard retired from Roanoke County on February 1, 2010, after
thirty-two years of service; and
WHEREAS, Mr. Beard has been instrumental in the development of numerous
long-range and design-related planning documents including, but not limited to, the
1985 Comprehensive Development Plan, the 1992 Roanoke County Zoning Ordinance,
the 1998 Community Plan, the 2005 Community Plan, the 419 Frontage Development
Plan, the Colonial Avenue Corridor Study, the Design Guidelines for Rural Village
Centers, the Roanoke County Statistical Abstract, the Mount Pleasant Community Plan,
the Route 220 Corridor Study, the Hollins Area Plan, the Route 221 Area Plan and the
Glenvar Community Plan, in the course of which he attended numerous community
meetings held in all corners of Roanoke County; and
WHEREAS, Mr. Beard also served as Secretary of the Board of Zoning Appeals
for Roanoke County starting in 1994 and continuing for more than eleven years until the
end of 2005, where he provided the Board with excellent leadership, knowledge and
service; and,
WHEREAS, Mr. Beard represented Roanoke County through the Rural Technical
Committee and through the Transportation Technical Committee of the Roanoke Valley
Area Metropolitan Planning Organization where he assisted in the creation of numerous
transportation plans and studies, most recently the Route 419 Corridor Study; and
WHEREAS, Mr. Beard was responsible for the Gateway Beautification Program
since its inception, drawing attention to Roanoke County entrances with gateway signs
and colorful landscaping; and
WHEREAS, Mr. Beard has skillfully guided dozens of land use cases through the
Roanoke County legislative process and assisted on many others; and
March 9, 2010 79
WHEREAS, Mr. Beard established productive and lasting relationships with
numerous civic groups, most notably the Colonial Avenue Alliance, the Catawba Valley
Ruritan Club and the Back Creek Civic League; and
WHEREAS, Mr. Beard set a solid foundation for today's planning with carefully
hand-drawn Land Use, Slope and Floodplain maps, as well as numerous drafting,
engineering and planning maps; and
WHEREAS, Mr. Beard has spent innumerable hours patiently assisting hundreds
of citizens and staff with zoning, land use and other miscellaneous questions; and
WHEREAS, throughout his tenure with Roanoke County, Mr. Beard has
displayed the highest standards of integrity, honor and character and has, with
compassion, consistently improved the quality of life for his fellow employees and
citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to TIMOTHY C. BEARD for thirty-two years of
professional, 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 unanimous, group motion of all Supervisors initiated by Supervisor Church, to
adopt the resolution, and carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
1. Recognition of the Roanoke County Fire and Rescue Department
for receiving three Governor's Awards for Excellence in Fire
Services (Richard E. Burch, Jr., Chief of Fire and Rescue)
Chief Burch advised that of the eight categories in the Governor's Awards,
Roanoke County actually received four awards.
An Excellence in Virginia's Fire Service Management award was received
jointly with the cities of Salem and Roanoke for the Roanoke Valley Fire-Emergency
Medical Service (EMS) hiring process for the multi-jurisdictional training academy where
graduates can apply to all three localities simultaneously if desired. In attendance were
Salem Chief Pat Counts and Roanoke City Chief Dave Hoback.
An Outstanding Fire Department Response award was presented to
Roanoke County Fire and Rescue Department and Fort Lewis Volunteer Fire Company
for the response to the December 18, 2009, snowstorm. In attendance were Volunteer
Chief Woody Henderson, Division Chief Steve Simon and Battalion Chief Daryell
Sexton.
Brian Clingenpeel, Public Education Specialist, was presented an
Excellence in Virginia's Public Fire and Life Safety Award; however, he could not attend
80 March 9, 2010
as he was at a national training event. His supervisor, Fire Marshal Gary Huffman
accepted on his behalf. Following the loss of several senior citizens to fire, Mr.
Clingenpeel put together a team called the Roanoke County Partners Advancing Senior
Safety (RoCo PASS), which consists of the Police, Fire and Rescue, Social Services
and Emergency Communications Center (ECC) departments all working together to
share information about at-risk seniors in our community.
Retired Battalion Chief Tommy Fuqua received the Governor's Award for
Excellence in Fire Services Training.
2. Accreditation for Emergency Communications Center and Re-
Accreditation for Police Department by the Commission on
Accreditation For Law Enforcement Agencies (CALEA) (Ray
Lavinder, Chief of Police; Bill Greeves, Director of
Communications and Information Technology)
Attending for the Police Department were Chief Lavinder; Assistant Chief
Terrell Holbrook; Officers Natalie Maxey, Accreditation Manager, and Lieutenant Scott
Smith, Accreditation Supervisor. This is the department's fifth re-accreditation since
1992 and is a Meritorious Accreditation.
Attending for the Emergency Communication Center (ECC) were Bill
Greeves, Director of Communications and Information Technology; Bill Hunter,
Assistant Director of Communications; Pat Shumate, Chief Communications Officer;
and dispatchers April Payne and Emily Totten, who managed the accreditation process.
This is the first accreditation for the ECC and exceeded all 218 standards. There are
only 66 emergency communication centers in the country and six in Virginia that have
received this accreditation.
IN RE: BRIEFINGS
1. Annual report from the Foundation for Roanoke Valley (Alan
Ronk, Executive Director)
Mr. Ronk distributed the 2009 Annual Report and advised of a video on
YouTube and Facebook where additional information can be obtained.
Supervisor Flora commented that he is a participant in the Foundation's
annual event. This past event was something very special and he was amazed at the
amount of private funds they receive and distribute without fanfare. Supervisor Elswick
requested to meet with the administrators of the Jacqueline S. and Shelborn L.
Spangler Fund.
2. Briefing on Roanoke River Greenway -Green Hill Park to Mill
Lane (Janet Scheid, Greenway Planner)
March 9, 2010 8
Ms. Scheid briefed the Board on the recent news that the Greenway
Commission has allocated nearly $3.5 million dollars to this project from a Virginia
Department of Transportation (VDOT) grant. Staff is preparing to move forward with
preliminary planning and engineering efforts. Also attending was Liz Belcher,
Greenway Coordinator.
In response to Supervisor Flora, Ms. Belcher commented that the $3.5
million will cover the entire project. Any remaining balance could go toward the eastern
end of the greenway. Ms. Scheid noted the cost of bridges is devastating.
3. Annual report from the Roanoke Regional Partnership (Beth
Doughty, Executive Director)
meeting.
This item was removed from the agenda for postponement to the next
IN RE: PUBLIC HEARING
1. Public hearing to receive citizen comments regarding proposed
amendments to the fiscal year 2009-2010 budget in accordance
with Section 15.2-2507, Code of Virginia. (Brent Robertson,
Director of Management and Budget)
No citizens spoke on this item.
IN RE: NEW BUSINESS
A-030910-2
1. Request to accept and appropriate funds in the amount of
$1,929,155.90 from the Virginia Department of Transportation
(VDOT) Revenue Sharing Funds to construct the Merriman Road
roundabout as a locally administered project (George W.
Simpson, County Engineer)
Supervisor Altizer inquired from which year the revenue sharing funds
came. Mr. Simpson advised the funds are from a combination of prior years.
Supervisor Moore moved to approve the staff recommendation to accept
the revenue sharing funds of $1,929,155.90 and appropriate to the Merriman Road
roundabout project. The motion carried by the following recorded vote:
82 March 9, 2010
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
2. Resolution petitioning the Circuit Court of Roanoke County for a
Writ of Election to fill the vacancy in the Constitutional Office of
the Sheriff (Paul M. Mahoney, County Attorney)
There was no discussion.
RESOLUTION 030910-3 PETITIONING THE CIRCUIT COURT OF
ROANOKE COUNTY FOR A WRIT OF ELECTION TO FILL THE
VACANCY IN THE CONSTITUTIONAL OFFICE OF THE
SHERIFF
WHEREAS, Section 24.2-228.1 of the Code of Virginia, 1950, as amended,
provides that a vacancy in any elected constitutional office shall be filled by a special
election; and
WHEREAS, Gerald S. Holt has submitted his resignation from the office of the
Sheriff for Roanoke County, effective March 1, 2010; and
WHEREAS, pursuant to the authority granted by the Code of Virginia, the Board
of Supervisors of Roanoke County proposes to call a special election to take the sense
of the voters of the County on filling the vacancy in the constitutional office of the
Sheriff; and
WHEREAS, Section 24.2-682 of the Code of Virginia, 1950, as amended,
provides that a special election to fill the office of any constitutional office shall be held
promptly; and
WHEREAS, the Board hereby finds that due to the costs of a special election,
and that since the next general election for this office is scheduled for November 2,
2010, it would be just and proper to schedule this special election for November 2,
2010.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board hereby petitions the Circuit Court of Roanoke County to
order an election on November 2, 2010, on the filling of the vacancy in the constitutional
office of the Sheriff.
2. That the Clerk of the Board is instructed to immediately file a certified copy
of this resolution with the Circuit Court of Roanoke County, Virginia.
3. That the Secretary of the Electoral Board of Roanoke County, Virginia,
shall publish a notice of such election in a newspaper of general circulation in the
County once at least ten days prior to such election.
4. That the County Administrator is hereby authorized and directed to take
March 9, 2010
83
such actions as may be necessary to accomplish the intent of this resolution.
5. That this resolution shall take effect immediately.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
3. Request to approve and appropriate funds in the amount of
$31,220 for the purchase of electronic pollbooks (Judith Stokes,
County Registrar)
A-030910-4
Chairman Church introduced Dana Martin, Chairman of the Electoral
Board, who expressed his appreciation to the Board. Supervisor Church moved to
approve the staff recommendation and approve the purchase of the electronic
pollbooks. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the granting of a temporary construction
easement to the City of Roanoke through property owned by the
Roanoke County Board of Supervisors at Vinyard Park (Tax Map
Nos. 061.05-02-01.00-0000 and 060.12-09-01.00-0000) for the
replacement of the Berkley Road Bridge, Structure No. 8015, over
Glade Creek in Northeast Roanoke, Vinton Magisterial District
(Lon Williams, Landscape Architect/Park Planner; Pete Haislip,
Director of Parks, Recreation and Tourism)
Supervisor Altizer thanked Roanoke City for agreeing to construct the
pedestrian bridge and stated that he is in agreement with the remuneration. Supervisor
Altizer moved to approve the first reading and schedule the second reading for March
23, 2010. The motion carried by the following recorded vote:
84 March 9, 2010
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
2. Ordinance authorizing conveyance of a 20' water line easement
and a 10' temporary construction easement to the Western
Virginia Water Authority (WVWA) through Tracts 1A (Tax Map
#061.05-02-02) & 2A (Tax Map #061.05-02-01) of Vinyard Park,
Vinton Magisterial District with a request to waive policy for the
granting of easements across County property and authorization
to enter into negotiations on a Memorandum of Agreement with
WVWA (Paul M. Mahoney, County Attorney; Janet Scheid,
Greenway Planner)
Gary Robertson from the WVWA was in attendance. Mr. Robertson
indicated that this action would be a permanent replacement for two feeds into the
Bonsack/460 area for extra protection.
Supervisor Flora asked Ms. Scheid to go through the math that totaled the
$224,194 fee.
Ms. Scheid indicated the following as a breakdown to the $224,194 fee:
Administrative and planning fees 1,000
Permanent easement fee 94,000
Temporary construction easement fee 23,500
Site inspection fee 250
Construction permit fee 1,000
Reseeding, mulching, sod, etc. 104,444
Total: 224,194
Supervisor Flora indicated that he feels Roanoke County needs to
reevaluate the policy. Chairman Church asked Mr. Goodman to notate that the Board
would review this policy.
Supervisor Church moved to approve the first reading and set the second
reading for March 23, 2010. The motion carried by the following recorded vote:
March 9, 2010 85
AYES: Supervisors Moore, Flora, Elswick, Church
NAYS: None
ABSTAIN: Supervisor Altizer
IN RE: SECOND READING OF ORDINANCES
discussion.
1. Ordinance authorizing an intergovernmental agreement with the
City of Roanoke, City of Salem and the Town of Vinton to create
the Roanoke Area Criminal Justice Information Network (RACJIN)
(Paul M. Mahoney, County Attorney; Terrell Holbrook, Assistant
Chief of Police)
There were no changes from the first reading and there was no
ORDINANCE 030910-5 AUTHORIZING AN INTER-
GOVERNMENTAL AGREEMENT WITH THE CITY OF ROANOKE,
CITY OF SALEM AND THE TOWN OF VINTON TO CREATE THE
ROANOKE AREA CRIMINAL JUSTICE INFORMATION
NETWORK (RACJIN)
WHEREAS, Section 15.2-1300 of the Code of Virginia provides that an
agreement providing for the joint exercise of any power, privilege or authority by two or
more political subdivisions of this Commonwealth shall be approved by ordinance; and
WHEREAS, the City of Roanoke, City of Salem, Town of Vinton and the County
of Roanoke desire to cooperate in the establishment and maintenance of an information
sharing system for police and law enforcement electronic data and records (the
"Project"); and
WHEREAS, this Project is known as the Roanoke Area Criminal Justice
Information Network (RACJIN); and
WHEREAS, these political subdivisions have negotiated a Memorandum of
Understanding and a Governance Agreement that establish a general framework of
governance, the sharing of data and the allocation of costs between the parties, details
the operation and management of this Project, and provides for other localities and
governmental entities to participate; and
WHEREAS, the first reading of this ordinance was held on February 23, 2010,
and the second reading of this ordinance was held on March 9, 2010.
BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the joint exercise of powers, privileges and authority with the City of
Roanoke, the City of Salem and the Town of Vinton in the establishment and
86 March 9, 2010
maintenance of an information sharing system for police and law enforcement
electronic data and records is hereby approved and authorized. The County
Administrator is authorized to execute the Memorandum of Understanding and
the Governance Agreement on behalf of the County implementing this Project
upon form approved by the County Attorney.
2. That this ordinance shall be effective from and after the date of its adoption.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: APPOINTMENTS
1. Parks, Recreation and Tourism (appointed by District)
Supervisor Flora appointed Max Beyer to represent the Hollins Magisterial
District. Mr. Beyer's term will expire June 30, 2012. Confirmation of the appointment
was placed on the Consent Agenda.
IN RE: CONSENT AGENDA
RESOLUTION 030910-6 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for March 9,
2010, designated as Item J -Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 6 inclusive, as follows:
1. Approval of minutes -October 13, 2009; November 5, 2009; December 23,
2009
2. Accept and appropriate $317,251 from the Department of Juvenile Justice for
the Virginia Juvenile Community Crime Control Act (VJCCCA) grant for fiscal
year 2009-2010
3. Request from the Fire and Rescue Department to accept and appropriate
grant funds in the amount of $7,500 from the Virginia Department of Health
Grant WV-C02/12-09
4. Resolution accepting the employees of the Roanoke County Sheriff's office
March 9, 2010 87
into the pay and classification plan and the personnel system of the County of
Roanoke
5. Confirmation of appointments to the Parks, Recreation and Tourism Advisory
Commission and the Roanoke Valley-Alleghany Regional Commission -
Metropolitan Planning Organization
6. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Dale C. Oakey, Senior Appraiser, Real Estate Division,
upon his retirement after more than thirteen years of service
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
RESOLUTION 030910-6.c ACCEPTING THE EMPLOYEES OF
THE ROANOKE COUNTY SHERIFF'S OFFICE INTO THE PAY
AND CLASSIFICATION PLAN AND THE PERSONNEL SYSTEM
OF THE COUNTY OF ROANOKE
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the employees of the Roanoke County Sheriff's Office, said
constitutional officer having heretofore agreed in writing that his employees be accepted
into the pay and classification plan and the personnel system of the County of Roanoke
as authorized in Chapter 6 of the Charter of the County of Roanoke, be and such
employees hereby are accepted into the pay and classification plan and the personnel
system of the County of Roanoke; and
2. That all of the terms, provisions and conditions of the pay and
classification plan and the personnel system of the County of Roanoke as fully set forth
in the Roanoke County Employee Handbook shall from and after the adoption hereof be
applicable to each of the employees of the Sheriff's office; and
3. That the Sheriff shall be exempt from the terms, provisions and conditions
of the County personnel system. The Chief Deputy of the Sheriff shall be exempt from
the terms, provisions and conditions of the County personnel system relating to the
application, qualification, appointment, disciplining, dismissal and grievance procedure
provisions of the Roanoke County Employee Handbook. The Chief Deputy is deemed
to be a confidential, policy-making position. This position shall remain subject to the
express provisions of Section 15.2-1603 of the State Code; and
4. That the participation of the employees of the Sheriff's office in the County
personnel system shall continue until revoked by the Sheriff, either by written notice to
the Chairman of the Board of Supervisors, or by the election, qualification and
assumption of office by a new individual; and
88 March 9, 2010
5. That the effective date of this resolution is March 1, 2010.
6. That an attested copy of this resolution be forthwith transmitted to the
Sheriff of Roanoke County.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
RESOLUTION 030910-6.e EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DALE C.
OAKEY, SENIOR APPRAISER, REAL ESTATE VALUATION UPON HIS
RETIREMENT AFTER MORE THAN THIRTEEN YEARS OF SERVICE
WHEREAS, Dale C. Oakey was hired on August 5, 1996 as a Senior Appraiser;
and
WHEREAS, Mr. Oakey retired on March 1, 2010, as Senior Appraiser, from the
Real Estate Valuation office after more than thirteen years of devoted, faithful and
expert service with the County; and
WHEREAS, during his time as a Senior Appraiser, Mr. Oakey was a member of
the Virginia Association of Assessing Officers.; and
WHEREAS, during his time as Senior Appraiser, Mr. Oakey contributed greatly
to this office for his customer service skills both to internal and external customers, his
analytical skills within the appraisal process and his general knowledge of the real
estate field.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to DALE C. OAKEY for more than thirteen 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, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
March 9, 2010 89
AYES: Supervisors Moore, Church, Flora, McNamara, Altizer,
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Treasurer's Statement of Accountability per Investment and
Portfolio Policy as of February 28, 2010
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Altizer invited everyone to the Vinton/Roanoke County
Veteran's Memorial, which is near completion. It is a wonderful facility honoring those
who gave the ultimate sacrifice. There are bricks still available for purchase. He stated it
is an absolutely beautiful tribute. There will be a dedication ceremony in the next several
months.
Supervisor Moore encouraged everyone to complete their Census forms.
Supervisor Church described how Roanoke County's high school sports
arena is excelling. Cave Spring and Northside High Schools are both in contention for
the state basketball championship. The Glenvar High School girls made it to the
regions.
IN RE: CLOSED MEETING
At 4:52 p.m., Supervisor Church moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia (1) Section 2.2-3711(A):
personnel, namely discussion concerning appointments to the Roanoke Valley
Greenway Commission and (2) Section 2.2-3711(A)(7): Consultation with legal counsel
and briefings by staff members pertaining to actual litigation, namely, briefing on the
status of the litigation concerning the operation of and expenditure of public funds and
donated funds by the Clearbrook First Aid and Rescue Squad, Inc. The motion carried
by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
The closed meeting was held from 6:20 p.m. until 6:30 p.m.
90 March 9, 2010
At 4:53 p.m., Chairman Church adjourned to the 4t" floor for work sessions
and closed meeting.
IN RE: WORK SESSIONS
1. Work session to discuss amendments to Roanoke County's noise
ordinance (Paul Mahoney, County Attorney)
The work session was held from 5:09 p.m. until 5:57 p.m.
Mr. Mahoney gave a to-date summary of the work being done on the
County's noise ordinance. During the summer of 2009, the Local Government
Attorneys of Virginia appointed a committee to develop a model noise ordinance, from
which many localities have amended their ordinances to remove references to a
"reasonable person" standard and have relied upon specific prohibitions. Staff has
proposed amendments in four categories: 1) Improving and clarifying certain definitions;
2) Expanding or clarifying certain exceptions, including an exception for certain
commercial and industrial activities; 3) Expanding certain prohibitions (does not address
certain citizen complaints about the playing of music during daylight hours); and 4)
Changing the penalty provisions.
Mr. Mahoney advised that any amendments will be controversial because
we have not given all the citizens what they want and much of Roanoke County's
commercial and industrial development is linear, located along arterial roads and
primary highways instead of concentrated in a central location. This commercial and
industrial development adjoins residential development and operates twenty-four hours
per day, seven days per week. Conflicts between industrial/commercial and residential
uses are inevitable and balancing these are difficult. The proposed amendment also
decriminalizes "necessary and incidental" noise for legitimate commercial or industrial
operations. Several factors to consider are: 1) Level of noise (what is and is not
permissible); 2) Origin of the noise (natural or manmade); 3) Proximity of noise to
residential areas; 4) Zoning of the area from which the noise emanates; 5) Time of day
or night the noise occurs; 6) Duration of the noise; 7) History of the noise (i.e. was the
business creating the noise in operation prior to the construction of the adjoining
residential uses); and 8) Penalty for violations and enforcement.
Supervisor Elswick inquired about windmills. Mr. Mahoney indicated that
the Board would consider windmill noise with rezoning and proffers to accommodate the
noise.
There was discussion of the use of decibel levels and the issues involved
with such. The enforcement is extremely difficult and normal activities, such as mowing
a lawn, could exceed recommended maximums. Conversely, sounds with low decibel
levels, such as windmills, can be felt more than heard and still be considered a
nuisance to some.
March 9, 2010 g ~
Other items discussed included "thumping vehicles", amplified music,
imposing conditions at the time of a rezoning, time frames and enforceability. Mr.
Mahoney noted that all of the items discussed could be considered a public nuisance.
2. Work session to discuss fiscal year 2010-2011 budget
development (Brent Robertson, Director of Management and
Budget)
The work session was held from 5:57 p.m. until 5:58 p.m.
Mr. Goodman indicated there was no updated budget information to
provide at this point in time.
3. Work session to discuss future use of Bent Mountain Elementary
School (B. Clayton Goodman III, County Administrator)
The work session was held from 5:58 p.m. until 6:15 p.m.
Mr. Goodman indicated that Supervisor Elswick had asked for this work
session to discuss the future use of Bent Mountain Elementary School.
Supervisor Elswick stated that this school building is important to the
community of Bent Mountain. The building is the only community gathering place in the
neighborhood and the citizens have been paying taxes on it for 99 years. The only other
public building is the rescue squad building. Supervisor Elswick stated he had spoken
with the School Board and was informed at that time that they would turn the building
over to the County's Department of Parks and Recreation. He also stated that the
neighborhood would cover expenses and there would be no expense to the County for
operation. Now, the School Board is saying they want to keep the building and lease it
either to Roanoke County or the community or sell it. Supervisor Elswick indicated that
he disagrees. The building should be turned over to the County and converted to a
community center. He inquired if the Board should compose a letter to the School Board
requesting their position on the issue.
Chairman Church indicated that the Board had a joint meeting with the
School Board on March 11, 2010, and that a face to face meeting would be the best
approach.
Supervisor Flora indicated that when the school in Catawba was closed,
the County eventually turned it into a recreational center. He does not feel it would be a
problem for public use; however, it is up to the School Board.
Mr. Mahoney noted that according to our charter, in order to have other
public uses, notice must be published for proposals.
92 March 9, 2010
IN RE: CERTIFICATION RESOLUTION
At 6:30 p.m., Supervisor Church moved to return to open session and
adopt the certification resolution.
RESOLUTION 030910-7 CERTIFYING THE CLOSED MEETING WAS
HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member's
knowledge:
1. Only public business matters lawfully exempted from open meeting -
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded voice vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church,
NAYS: None
IN RE: ADJOURNMENT
Chairman Church adjourned the meeting at 6:31 p.m. to Thursday, March
11, 2010, at 5:00 p.m. for a joint meeting with the Roanoke County School Board,
School Administration Building, 5937 Cove Road, Roanoke, Virginia.
Submitted by: Approved by:
Becky R. M dor osep B. "Butch" Church
Clerk to the Board Chairman