HomeMy WebLinkAbout5/25/2010 - RegularMay 25, 2010 165
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 fourth Tuesday and the second
regularly scheduled meeting of the month of May 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. (Note: Due to a technical problem, there is no audio
recording for the work sessions held in the 4t" floor training room for this meeting.)
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 Brian Clingenpeel, Chaplain of
Roanoke County Fire and Rescue. The Pledge of Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Church added an agenda item to allow for citizen comments
regarding the proposed amendment to the policy for the use of the Roanoke County
Administration Center Board of Supervisors meeting room.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
Recognition of students at Hidden Valley High School:
166 May 25, 2010
(a) Resolution of congratulations to the Girls Swim Team for winning
the 2010 VHSL State Group AA Championship
Coach Sheri Vaughan and members of the team were in attendance to
accept the resolution. Also in attendance were Roanoke County School Superintendent
Dr. Lorraine Lange and Principal Rhonda Stegall.
RESOLUTION 052510-1 OF CONGRATULATIONS TO HIDDEN
VALLEY HIGH SCHOOL GIRLS SWIM TEAM FOR WINNING
THE 2010 VHSL STATE GROUP AA CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools in
Roanoke County teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, the Hidden Valley High School girls swim team won their second
consecutive Virginia High School League (VHSL) Group AA swimming championship at
Old Dominion University on February 20, 2010; and
WHEREAS, the team won with outstanding performances and outscored second-
place Western Albemarle by 285 to 173.5; and
WHEREAS, in addition to winning the 2010 VHSL State championship, the
Titans were also the Region IV Champions and All-Timesland Invitation Champions;
and
WHEREAS, the members of the team include the following: Caroline Caldwell,
Katie Campbell, Drew Dillon, Lauren Gray, Devin Henry, Katherine Moles, Lexie Neal,
Sami Norman, Lindsay Skolrood, and Katie Young; and
WHEREAS, the team is coached by Sheri Vaughn, who has been named
Timesland Coach of the Year.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its sincere congratulations to the
HIDDEN VALLEY HIGH SCHOOL GIRLS SWIM TEAM for winning the 2010 VHSL
State Group AA Championship; and
BE IT FURTHER RESOLVED that the Board of Supervisors extends its best
wishes to the members of the team, the coaches and the school in their future
endeavors.
On motion of Supervisor Elswick to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
(b) Resolution of congratulations to the Boys Swim Team 200 Medley
Relay for winning the 2010 VHSL State Group AA Championship
May 25, 2010 167
Coach Sheri Vaughn and the members of the team were in attendance to
accept the resolution. Also in attendance were Dr. Lorraine Lange, Roanoke County
School Superintendent and Principal Rhonda Stegall.
RESOLUTION 052510-2 OF CONGRATULATIONS TO THE
HIDDEN VALLEY HIGH SCHOOL BOYS SWIM TEAM 200 MEDLEY
RELAY FOR WINNING THE 2010 VHSL STATE GROUP AA
CHAMPIONSHIP
WHEREAS, the Hidden Valley High School Boys Swim Team 200 Medley Relay
won the 2010 Virginia High School League (VHSL) State Group AA Championship on
February 20, 2010 at Old Dominion University with a time of 1:40.05; and
WHEREAS, the Titan boys highlighted a strong day when Lucas Otruba beat
Lafayette's team member to the wall by ahalf-second to win first place; and
WHEREAS, Alex Vance who swam the breaststroke leg was chosen Boys First
Team All-Timesland; and
WHEREAS, the Titans are coached by Sheri Vaughn, who has been named
Timesland Coach of the Year; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its sincere congratulations to the
members of the HIDDEN VALLEY HIGH SCHOOL BOYS SWIM TEAM 200 MEDLEY
RELAY: Dylan Otruba, Alex Vance, Garrett Vaughn and Lucas Otruba; for winning the
2010 VHSL State Group AA Championship; and
BE IT FURTHER RESOLVED that the Board of Supervisors extends its best
wishes to the members of the team, the coaches and the school in their future
endeavors.
On motion of Supervisor Elswick to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
(c) Certificate of recognition to Lauren Gray for winning a 2010 VHSL
State Group AA Championship in swimming
Ms. Gray and her parents were in attendance to accept the recognition.
Also in attendance were Roanoke County School Superintendent Dr. Lorraine Lange
and Principal Rhonda Stegall. Ms. Stegall noted that Ms. Gray was one of the top 130
swimmers in the country.
168 May 25, 2010
(d) Certificate of recognition to David Williams for winning the 160-
Pound 2010 VHSL State Group AA Wrestling Championship
Principal Rhonda Stegall accepted the certificate on Mr. Williams' behalf
as he was unable to attend.
2. Certificate of recognition to Dylan Hoos from William Byrd High
School for placing first on the Southern Alpine Racing
Association (SARA) State Ski Team
Mr. Hoos and his mother were in attendance to accept the recognition.
Also in attendance was Dr. Lorraine Lange, Roanoke County School Superintendent.
IN RE: NEW BUSINESS
1. Request to approve an ambulance transport fee adjustment based
on new Medicare rates (Richard E. Burch, Chief of Fire and
Rescue)
Chief Burch outlined that the program was originally approved in 2001 and
rates are based on the Federal Medicare rates, which are increased annually. Roanoke
County changes every two to three years for minimal impact to citizens. Division Chief
Steve Simon was also in attendance. There was no discussion.
RESOLUTION 052510-3 ADOPTING A REVISED SCHEDULE OF
AMBULANCE TRANSPORT FEES AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Board of Supervisors enacted a Fee for Services ordinance as
an addition to the Roanoke County Code on May 22, 2001, which established the legal
structure for providing emergency medical transport and accompanying fees as
provided for by the Code of Virginia; and
WHEREAS, Section 2-131 of this ordinance, contained in Chapter 2
Administration of the Roanoke County Code, provides that the Board of Supervisors, by
resolution, may establish reasonable fees for the provision of emergency medical
services by all emergency medical service personnel, whether provided by volunteers or
public employees, upon the recommendation of the County Administrator and the Chief
of Fire and Rescue; and
WHEREAS, the Board of Supervisors adopted a resolution on August 14, 2001,
which resolution was revised on March 26, 2002; by Resolution 032602-2; March 25,
2003; by Resolution 032503-8; March 8, 2005; by Resolution 030805-3; and on August
14, 2007, by Resolution 081407-6, upon the joint recommendation of the County
May 25, 2010 169
Administrator and the Chief of Fire and Rescue for the establishment of reasonable fees
for the provision of various levels of emergency medical services, including mileage
fees for vehicles; and
WHEREAS, the U. S. Department of Health and Human Services has issued
regulations, effective April 1, 2002, which establish a fee schedule for the payment of
ambulance services under the Medicare program based upon specific codes or
categories of ambulance services which must be complied with to receive Medicare
reimbursements.
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. The fees which shall be charged by the County of Roanoke for the
following described emergency medical services provided by the Roanoke County
owned, operated, funded, housed or permitted emergency vehicles shall be as follows:
Advance Life Support (ALS) 1 Emergency $380.00
Advance Life Support (ALS) 2 Emergency $625.00
Basic Life Support (BLS) Emergency $350.00
Mileage (loaded) $11.00
2. No recipient of ambulance services who cannot afford to pay the
ambulance transport fees will be required to do so.
3. This resolution shall be in full force and effect on and after July 1, 2010.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
2. Resolution authorizing recordation of a deed restriction
designating a permanent stormwater management reserve area
and permanent drainage reserve areas for stormwater
management, access and maintenance on property owned by the
Board of Supervisors at the North County Fire Station #1,
Hershberger Road, Hollins Magisterial District (Joseph B.
Obenshain, Senior Assistant County Attorney)
Mr. Obenshain noted that a deed restriction is necessary as the County
cannot convey an easement to itself. There was no discussion.
RESOLUTION 052510-4 AUTHORIZING RECORDATION OF A
DEED RESTRICTION DESIGNATING A PERMANENT
STORMWATER MANAGEMENT RESERVE AREA AND
PERMANENT DRAINAGE RESERVE AREAS FOR
STORMWATER MANAGEMENT, ACCESS AND MAINTENANCE
170 May 25, 2010
ON PROPERTY OWNED BY THE BOARD OF SUPERVISORS
AT THE NORTH COUNTY FIRE STATION #1, HERSHBERGER
ROAD, HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Roanoke County has constructed a new North County Fire Station
located on County owned property on Hershberger Road, Hollins Magisterial District;
and
WHEREAS, the County of Roanoke desires to permanently designate and
restrict the use of portions of its property for purposes of a reserved area for stormwater
management, access and maintenance, identified as comprising portions of Tax Map
#038.16-01-07 as necessary for the completion and occupation of the County's North
County Fire Station #1, as shown on the plat entitled "Plat showing new 20' waterline
easement to be granted to the Western Virginia Water Authority and new permanent
drainage &stormwater management reserve areas being created through the property
of the Roanoke County Board of Supervisors, Tax Map #038.16-01-07 Roanoke
County, Virginia", prepared by Lumsden Associates PC, dated May 11, 2010; and
WHEREAS, the proposed designation of this certain reserve area for purposes of
stormwater management, access and maintenance, 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 RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 10.1-1701 of the Code of
Virginia, the County of Roanoke, as a public body defined in Section 10.1-1700 of said
Code, may acquire and designate property to be retained for use as open-space and for
the preservation of such real estate. A reading of this resolution was held on May 25,
2010.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the interest in real estate to be restricted and preserved for public uses shall be
permanently reserved and dedicated in connection with the construction of Roanoke
County's North County Fire Station #1.
3. That the recordation of a permanent deed restriction for purposes of
designating and setting apart a stormwater management, access and maintenance
area, as the reserve area designated on the above-mentioned map, on the County's
property (Tax Map #038.16-01-07.00) on which is located the North County Fire Station
#1, is hereby authorized and approved.
4. That the County Administrator is hereby authorized to execute such
documents and take such further actions as may be necessary to accomplish this deed
restriction, all of which shall be on form approved by the County Attorney.
5. That this resolution shall be effective on and from the date of its adoption.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
May 25, 2010 171
AYES: Supervisors Moore, Flora, Elswick, Church
NAYS: None
ABSTAIN: Supervisor Altizer
3. Request to approve an amendment to the policy for the use of the
Roanoke County Administration Center Board of Supervisors
meeting room (Paul M. Mahoney, County Attorney)
The following citizens spoke on the proposed changes to the Board of
Supervisors meeting room policy:
Rafat Farooqui of 2133 Pelham Drive spoke against changes to the policy
and stated it would be a disadvantage for citizens not to be able to use the room. He
was speaking as a Roanoke County citizen and as a member of the Roanoke County
Democratic Committee. Mr. Farooqui felt that by using this room, citizens experience a
greater sense of connection to local government.
RoxAnne Lane Christley of 7259 Willow Valley Road objected to amending
the Board of Supervisors meeting room policy. Ms. Christley indicated that she felt
taxpayers should be able to use the room as they pay for it. She asked why this item
was not open for more public comment. Ms. Christley also indicated that other localities
do not charge for the use of their Board rooms. She stated that work sessions should
not be during work hours when citizens cannot attend. She commented that the Board
of Supervisors meeting room belongs to the citizens and feels it is unfair, mean-spirited
and overstepping the authority of the Board of Supervisors to take this room away from
taxpayers.
Max Beyer of 2402 Coachman Drive spoke in opposition to changes in the
Board of Supervisors meeting room policy. He stated that there is no need to make any
changes and the Board report does not indicate any explanation. Further, Mr. Beyer
indicated this was not discussed in open meeting, but in work session where citizens
are not allowed to speak. He noted that other localities allow for these types of
meetings. He understands that the use of the facility costs money, but does not see
that this is an overwhelming cost. He feels this is mean-spirited and an attempt to shut
out Roanoke County citizens from involvement in their own facility.
172 May 25, 2010
Mike Bailey of 7516 Deerbranch Road thanked the gentleman from the
Democratic Party for expressing his sentiments and the other citizens for their
comments. Mr. Bailey indicated that he is speaking on behalf of the Republican Party
Committee and he agrees with keeping the policy as it stands. Other locations are time
restrictive and some close immediately. Additionally, there are cost considerations. Mr.
Bailey stated that he wanted to echo who the facility belongs to and has several
questions. Why are these changes being considered? Have there been damages to the
facility that Roanoke County has been unable to recoup or not resolve? He recognized
there is a fee for the room and an extra fee if the meeting goes over a certain time limit.
Mr. Bailey charged the Board with being overly possessive with the public's property.
Mr. Mahoney gave a brief history of this agenda item and advised that he
has attempted to incorporate the essence of the discussions from the work session held
on May 11, 2010, into the proposed policy.
Supervisor Flora indicated that he was of the opinion that the public does
not seem to have a problem telling the Board what they are thinking and moved to
postpone this item to a work session to be held June 8, 2010, and if brought back for a
vote, to be placed on the agenda for a June 22, 2010, public hearing.
Supervisor Altizer stated that he was in agreement with Supervisor Flora
and that the policy needs to be revisited and more items in the policy need clarification.
Chairman Church indicated that the Board of Supervisors routinely holds
works sessions that are listed on the agenda. Additionally, the changes to the Board of
Supervisors meeting room policy have been in staff discussion for several months
based on citizens' comments. Chairman Church stated that several citizens have
stated they have been in meetings where there is total disregard for the facility. There
are taxpayers who want the $200,000+ investment in this room protected. He further
indicated this was not aknee-jerk decision. The Republican Party Committee meeting
only confirmed the decision to revisit the policy again. This is a government facility,
which is wide-open and could be placed in danger. The intention is not to penalize, but
to protect the citizens' assets. Many more citizens have expressed concern about the
security of the building. It was the consensus of the Board to revisit this policy during a
work session.
Supervisor Moore stated she concurs, reiterating there is no intention to
penalize citizens, but to protect the investment that has been put into this facility. She
further commented she has been in meetings where food, gum, etc. has been brought
into the meeting room.
Supervisor Elswick voiced his opinion that mass meetings should never be
allowed in this room again; the room was not intended for this use and does not have
the capacity. He felt it is never good to make a hasty decision and had no problem
continuing discussions on the policy.
Supervisor Flora's motion to postpone carried by the following recorded
vote:
May 25, 20~ 0 173
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance amending Chapter 2 "Administration" of the Roanoke
County Code by the adoption of a new section 2-10 "Assessment
of Court Costs to Support Local Criminal Justice Training
Academy" (Paul M. Mahoney, County Attorney)
There was no discussion.
Supervisor Church moved to approve the first reading and schedule the
second reading and public hearing for June 22, 2010. The motion carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
2. Ordinance authorizing conveyance of an easement to
Appalachian Power Company fora 138 kV electric transmission
line across property owned by the Board of Supervisors -
Roanoke County Administration Center (Due to time constraints,
it was requested that, upon afour-fifths vote of the Board, the
second reading be waived and the ordinance adopted as an
emergency measure.) (Paul M. Mahoney, County Attorney)
Mr. Mahoney noted that Appalachian Power Company is requesting the
execution of the right-of-way and easement by June 1, 2010, and accordingly is asking
that the second reading be waived and the ordinance adopted as an emergency
measure.
Supervisor Moore stated that this would be the perfect opportunity for
Appalachian Power Company and the Federal Communication Commission (FCC) to
work together to put these transmission lines underground where they would be safer
and more aesthetically pleasing for future generations and accordingly would not be
supporting this ordinance. She acknowledged there would be a greater initial cost, but
believed if we can spot a dime from outer space, we can bury these transmission lines.
She also felt this would create technical job opportunities.
Supervisor Flora noted that Supervisor Moore's request was certainly a
legitimate one and advised that legislation had been introduced this year to prevent
localities from requiring utilities lines to be buried underground.
174 May 25, 2010
Supervisor Elswick stated that AEP and the FCC at the State level do not
worry about the environment. He felt Bent Mountain is looking more utilitarian every
day.
Chairman Church stated that he understands Supervisor Moore's desire to
look out for her citizens; however, does not feel there is much choice in the matter as
this route was recommended by the Board of Supervisors several years ago.
ORDINANCE 052510-5 AUTHORIZING CONVEYANCE OF AN
EASEMENT TO APPALACHIAN POWER COMPANY FORA 138
kV ELECTRIC TRANSMISSION LINE ACROSS PROPERTY
OWNED BY THE BOARD OF SUPERVISORS - ROANOKE
COUNTY ADMINISTRATION CENTER
WHEREAS, Appalachian Power Company is in the process of developing a new
138 kV electric transmission line defined as the Sunscape Line; and
WHEREAS, Appalachian Power Company requires aright-of-way and easement
for transmission lines on the County's property in order to locate the electric service to
facilitate the construction of the new line as depicted on Drawing Number E-S-19; 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 May 25, 2010, 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.
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 Appalachian
Power Company for the location of electrical service in connection with the construction
of the Sunscape Line for the sum of $150,000. In addition, Appalachian Power
Company has granted to the County a right of first refusal to acquire a parcel of real
estate identified as Tax Map No. 87.07-3-7, subject to the existing structure being
demolished and an appraisal being conducted.
3. That conveyance to Appalachian Power Company of an easement and
right-of-way for transmission lines and related improvements, within the variable width
easement area designated on the above-mentioned map, on the County's property (Tax
Map No. 87.07-3-8) to locate the electric service in connection with the construction of
the Sunscape Line 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
May 25, 20~ 0 175
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 Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Altizer, Flora, Elswick, Church
NAYS: Supervisor Moore
IN RE: ADOPTION OF PROPOSED BUDGET AND SECOND READING OF
ORDINANCE
1. Resolution adopting the fiscal year 2010-2011 budget, including
the fiscal years 2011-2015 Capital Improvement Plan, for Roanoke
County, Virginia (Brent Robertson, Director of Management and
Budget)
There was no discussion.
RESOLUTION 052510-6 APPROVING THE FISCAL YEAR 2010-
2011 BUDGET FOR ROANOKE COUNTY, VIRGINIA
WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended,
provides that the governing body of the County shall prepare and approve an annual
budget; and
WHEREAS, said budget shall be prepared and approved for informative and
fiscal planning purposes only; and
WHEREAS, this budget contains a complete itemized and classified plan of all
contemplated expenditures and all estimated revenues and borrowings for the ensuing
fiscal year; and
WHEREAS, a brief synopsis of said budget was published as required by the
provisions of Section 15.2-2506 of the State Code, and the public hearing as required
thereon was held on April 27, 2010.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia:
1. That there is hereby approved the annual budget for fiscal year 2010-2011
for Roanoke County, Virginia, as shown on the attached Schedules.
2. That the preparation and approval of this budget is for informative and
fiscal planning purposes only.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
176
May 25, 2010
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
County of Roanoke
Adopted FY 2010-2011 Budget
May 25, 2010
Revenue Estimates Amount
General Fund
General Government
General Property Taxes $ 119,260,000
Local Sales Tax 8,560,000
Telecommunications Tax 3,900,000
Business License Tax 5,440,000
Bank Franchise Tax 375,000
Utility Consumer Tax 3,661,250
Motor Vehicle License Tax 1,910,000
Recordation/Conveyance Tax 1,247,000
Meals Tax 3,430,000
Hotel/Motel Tax 935,000
Other Local Taxes 626,000
Permits, Fees & Licenses 508,600
Fines and Forfeitures 858,000
Interest Income 355,000
Charges for Services 3,122,750
Commonwealth 8,424,119
Federal 3,490,000
Other 1,681,738
Total General Government 167,784,457
Communications & Information Technology 7,426,475
Comprehensive Services 6,928,000
Law Library 46,648
Public Works Projects 130,359
S B & T Building 444,580
Recreation Fee Class 4,349,904
Criminal Justice Academy 202,212
County Garage 2,305,550
Total General Fund 189,618,185
Debt Service Fund -County 8,014,835
Capital Projects Fund 5,930,091
Internal Service Fund 1,273,583
School Operating Fund 128,821,750
May 25, 2010
177
School Nutrition Fund
School Debt Service Fund
School Grants Fund
School Capital Fund
School Textbook Fund
School Bus Fund
School Laptop Insurance Reserve
Total Revenues All Funds
Less: Transfers
Total Net of Transfers
Proposed Expenditures
General Fund
General Government
General Administration
Constitutional Officers
Judicial Administration
Management Services
Public Safety
Community Services
Human Services
Non-Departmental
Transfers to School Operating Fund
Transfers to School Insurance -Dental
Transfers to (from) Capital Fund
Transfers to Debt Service Fund
Transfer to Public Works Projects
Transfer to Comprehensive Services
Other
Total General Government
Communications and Information Technology
Comprehensive Services
Law Library
Public Works Projects
S B & T Building
Recreation Fee Class
Criminal Justice Academy
County Garage
Total General Fund
Debt Service Fund -County
Capital Projects Fund
Internal Service Fund
5,612,000
14,045,634
5,256,311
885,933
913,074
910,000
294,000
361,575,396
(108,815,510)
252,759,886
Amount
3,043,350
12,935,334
861,232
3,308,123
23,585,529
11,381,997
18,489,030
10,586,967
63,066,059
477,299
(1,695,451)
17,327,207
130,359
3,253,000
1.034.422
167,784,457
7,426,475
6,928,000
46,648
130,359
444,580
4,349,904
202,212
2,305,550
189,618,185
8,014,835
5,930,091
1,273,583
178 May 25, 2010
School Operating Fund
School Nutrition Fund
School Debt Fund
School Grants Fund
School Capital Fund
School Textbook Fund
School Bus Fund
School Laptop Insurance Reserve
Total Expenditures All Funds
Less: Transfers
Total Net of Transfers
128,821,750
5,612,000
14,045,634
5,256,311
885,933
913,074
910,000
294,000
361,575,396
108.815.51
252,759,886
In addition to the above revenues and expenditures, $2,000,000 from the Unappropriated
Balance is appropriated to a Reserve for Contingency for unanticipated or emergency
expenditures; and funds allocated to the Unappropriated Fund Balance must be
appropriated by the Board of Supervisors before such funds may be expended.
2. Ordinance appropriating funds for the fiscal year 2010-2011
budget (Brent Robertson, Director of Management and Budget)
Mr. Robertson indicated there has been a change to the appropriation
ordinance since the first reading held on May 11, 2010. At a work session held
subsequent to the first reading, the Board of Supervisors reached consensus on
increasing contributions to several outside agencies by a total of $26,762. Original
deliberations on outside agency funding included reductions to several agencies greater
than the initially targeted 10 percent. Upon reconsideration, the Board adjusted
contributions to the Center in the Square, Greenway Commission, Roanoke Regional
Partnership and Virginia Amateur Sports so that fiscal year 2010-2011 contributions
represent an approximately 10 percent reduction from fiscal year 2009-2010 funding
levels.
Chairman Church expressed his thanks to the Board of Supervisors for
looking at these contributions again and holding an extra session.
ORDINANCE 052510-7 APPROPRIATING FUNDS FOR
THE FISCAL YEAR 2010-2011 BUDGET
May 25, 2010 179
WHEREAS, upon notice duly published in the newspaper, a public hearing was
held on April 27, 2010, concerning the adoption of the annual budget for Roanoke
County for fiscal year 2010-2011; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved
said budget on May 25, 2010, pursuant to the provisions of Section 13.02 of the
Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as
amended; and
WHEREAS, the first reading of this appropriation ordinance was held on May 11,
2010, and the second reading of this ordinance was held on May 25, 2010, pursuant to
the provisions of Section 18.04 of the Roanoke County Charter.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the following appropriations are hereby made from the respective funds
for the period beginning July 1, 2010, and ending June 30, 2011, for the functions and
purposes indicated:
County of Roanoke
Adopted FY 2010-2011 Budget
May 25, 2010
Revenues:
General Fund
General Government $ 167,784,457
Communications & Information Technology 7,426,475
Comprehensive Services 6,928,000
Law Library 46,648
Public Works Projects 130,359
SB&T-Social Services Building 444,580
Recreation Fee Class 4,349,904
Criminal Justic Academy 202,212
County Garage 2,305,550
Total General Fund $ 189,618,185
Debt Service Fund -County $ 8,014,835
180
May 25, 2010
Expenditures:
Capital Projects Fund 5,930,091
Total Capital Projects Fund $ 5,930,091
Internal Service Fund -Risk Management $ 1,273,583
School Funds:
Operating $ 128,821,750
Nutrition 5, 612, 000
Capital 885,933
Debt 14,045,634
Bus 910,000
Laptop Insurance Reserve 294,000
Grant 5,256,311
Textbook 913,074
Total School Fund $ 156,738,702
Total All Funds $ 361,575,396
General Government:
General Administration
Board of Supervisors $ 277,709
County Administrator 281,926
Public Information 329,693
Asst. Co. Administrators 350,230
Human Resources 719,736
County Attorney 546,619
Economic Development 537,437
Total General Administration $ 3,043,350
Constitutional Officers
Treasurer $ 811, 53 8
Commonwealth Attorney 1,014,350
Commissioner of the Revenue 767,471
Clerk of the Circuit Court 1,031,864
May 25, 2010
181
Sheriff s Office 9.310.111
Total Constitutional Officers $ 12,935,334
Judicial Administration
Circuit Court $ 237,972
General District Court 69,940
Magistrate 1, 590
J & DR Court 16,586
Court Service Unit 535,144
Total Judicial Administration $ 861,232
Management Services
Real Estate Assessments $ 905,939
Finance 1,209,751
Public Transportation 525,000
Management and Budget 276,893
Procurement Services 390,540
Total Management Services $ 3,308,123
Public Safety
Police $ 10,897,499
Fire and Rescue 12,688,030
Total Public Safety $ 23,585,529
Community Services
General Services $ 1,129,578
Solid Waste 4,565,034
Community Development 4,358,353
Building Maintenance 1,329,032
Total Community Services $ 11,381,997
Human Services
Grounds Maintenance $ 2,151,718
Parks and Recreation 2,226,415
182
May 25, 2010
Public Health 500,358
Social Services 9,190,884
Contributions-Human Service, Cultural,
Tourism, Dues 1,068,537
Library 2,979,341
VA Cooperative Extension 84,382
Elections 287,395
Total Human Services $ 18,489,030
Non-Departmental
Employee Benefits $ 2,413,760
Miscellaneous 1,566,500
Internal Service Charges 6,606,707
Total Non-Departmental $ 10,586,967
Transfers to Other Funds
Transfer to Debt -General & Schools $ 17,327,207
Transfer to (from) Capital (1,695,451)
Transfer to Schools 63,066,059
Transfer to Schools -Dental Insurance 477,299
Transfer to Public Works Projects 130,359
Transfer to Internal Services 934,422
Transfer to Comprehensive Services 3,253,000
Total Transfers to Other Funds $ 83,492,895
Unappropriated Balance
Board Contingency $ 100,000
Total General Government $ 167,784,457
Communications & Information Technology $ 7,426,475
Comprehensive Services $ 6,928,000
Law Library $ 46,648
May 25, 2010 183
Public Works Projects $ 130,359
SB&T-Social Services Building $ 444,580
Recreation Fee Class $ 4,349,904
Criminal Justice Academy $ 202,212
County Garage $ 2,305,550
Total General Fund $ 189,618,185
Debt Service Fund -County $ 8,014,835
Capital Projects Fund $ 5,930,091
Internal Services Fund -Risk Management $ 1,273,583
School Funds:
Operating $ 128,821,750
Nutrition 5, 612, 000
Capital 885,933
Debt 14,045,634
Bus 910,000
Laptop Insurance Reserve 294,000
Grant 5,256,311
Text Book 913,074
Total School Funds $ 156,738,702
Total All Funds $ 361,575,396
2. That the County Administrator may authorize or delegate the authorization of
the transfer of any unencumbered balance or portion thereof from one department to
another.
184 May 25, 2010
3. That all funded outstanding encumbrances, both operating and capital, at
June 30, 2010, are re-appropriated to the 2010-2011 fiscal year to the same department
and account for which they are encumbered in the previous year.
4. That appropriations designated for capital projects will not lapse at the end of
the fiscal year but shall remain appropriated until the completion of the project or until
the Board of Supervisors, by appropriate action, changes or eliminates the
appropriation. Upon completion of a capital project, staff is authorized to close out the
project and transfer to the funding source any remaining balances. This section applies
to appropriations for Capital Projects at June 30, 2010, and appropriations in the 2010-
2011 budget.
5. That all school fund appropriations remaining at the end of the 2009-2010
fiscal year not lapse but shall be appropriated to the School Capital Fund in fiscal year
2010-2011 as follows:
a) Two-thirds of the year-end balance in the school operating fund will
be allocated to the Major School Capital Reserve;
b) One-third of the year-end balance in the school operating fund, not to
exceed $1,000,000, will be allocated to the Minor School Capital
Reserve;
c) If the one-third allocation to the Minor School Capital Reserve
exceeds $1,000,000, the excess will be added to the Major School
Capital Reserve.
6. That all General Fund unexpended appropriations at the end of the 2009-
2010 fiscal year not lapse but shall be re-appropriated, as provided by Resolution
122104-4, as follows:
a) 40 percent of these unexpended appropriations shall be transferred
to the un-appropriated Minor County Capital Fund Reserve;
b) 60 percent of these unexpended appropriations shall be re-
appropriated to the same department for expenditure in fiscal year
2010-2011.
7. That all General Fund revenues collected in excess of appropriated revenues
shall be re-appropriated, as provided by Resolution 122104-5, as follows:
a) Revenues in excess of budget will first be allocated to the General
Fund Un-appropriated Balance, until the maximum amount for the
current year is met, as specified in the General Fund Unappropriated
Balance Policy, as adopted by Resolution 122104-2;
b) The remainder of revenues in excess of budget will then be allocated
to the Major County Capital Fund Reserve.
8. Rescue fees collected by the Fire and Rescue Department in excess of
budgeted amounts will be re-appropriated and allocated to the Fire and Rescue Capital
Reserve.
9. That two million dollars from the Unappropriated Fund Balance is hereby
appropriated to a Reserve for Contingency for unanticipated or emergency expenditures
May 25, 2010 185
that may arise during the 2010-2011 fiscal year; and money allocated to the Reserve for
Contingency must be appropriated by the Board of Supervisors before such money may
be expended.
10. This ordinance shall take effect July 1, 2010.
On motion of Supervisor Church to adopt the ordinance and approve the
Classification Plan, and carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: CONSENT AGENDA
RESOLUTION 052510-8 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM H- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for May 25,
2010, designated as Item H -Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 4 inclusive, as follows:
1. Approval of Minutes -January 12, 2010; January 26, 2010; February 2, 2010;
February 9, 2010
2. Confirmation of committee appointments to the Community Policy and
Management Team (CPMT); Court Community Corrections Alcohol Safety
Action Program (ASAP) Policy Board; Court Community Corrections Program
Regional Community Criminal Justice Board; Roanoke Valley Detention
Commission; Roanoke Valley-Alleghany Regional Commission; Roanoke
Valley Regional Cable Television Committee; Virginia's First Regional
Industrial Facility Authority; and Western Virginia Water Authority
3. Request to approve an application for an Edward Byrne Memorial Justice
Assistance Federal Grant
4. Request to accept and appropriate funds in the amount of $3,000 for
reimbursement of the Virginia Incentive Program grant to the Roanoke
County Schools
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
186
May 25, 2010
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
4. Accounts Paid -April 2010
5. Comparative Schedule of Budgeted and Actual Expenditures and
Encumbrances for the month ended April 30, 2010
6. Comparative Statement of Budgeted and Actual Revenues for the
month ended April 30, 2010
IN RE: CLOSED MEETING
At 4:17 p.m., Supervisor Church moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711(A)(29):
Discussion of the terms or scope of a public contract where discussion in open session
would adversely affect the bargaining position or negotiating strategy of the County,
namely an Inter-Governmental Agreement with another locality.
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
At 4:17 p.m., Chairman Church adjourned to the 4t" floor for work sessions
and closed session. Supervisor Elswick left ill and did not attend the closed meeting,
work sessions or evening open session.
The closed session was held from 5:54 p.m. until 6:07 p.m.
IN RE: WORK SESSIONS
May 25, 2010 187
1. Work session to discuss parking cars in front yards (Philip
Thompson, Deputy Director of Planning; John Murphy, Zoning
Administrator)
The work session was held from 4:39 p.m. until 5:03 p.m.
Mr. Thompson and Mr. Murphy presented a PowerPoint, a copy of which
is on file in the Clerk's office, showing pictures of various vehicles parked in front yards.
They explained that Staff looked for several examples, did research on other localities
and carefully considered enforcement issues. After discussion, the Board recommended
that the County Administrator discuss the issue at the next Civic League meeting on
August 3, 2010, to obtain citizen input. The matter can then be revisited at a work
session at the August 24, 2010, Board meeting.
2. Work Session on the County's Secondary Roads System Six-Year
Improvement Plan for fiscal years 2011-2016 (Philip Thompson,
Deputy Director of Planning)
The work session was held from 5:03 p.m. until 5:27 p.m.
Scott Woodrum and Patrick Wade from the Virginia Department of
Transportation (VDOT) were in attendance. Mr. Thompson presented a PowerPoint, a
copy of which is on file in the Clerk's office, detailing the Secondary Roads Six-Year
Plan. The presentation reviewed funding reductions, fund programming changes,
incidental construction items and numbered projects. Mr. Thompson explained that
Federal funds for secondary roads will now be prioritized and programmed by the
Commonwealth Transportation Board (CTB) instead of the local VDOT Residencies.
Funds were reduced over $8.1 million from last year. Mr. Woodrum noted this is due to
the State of Virginia no longer having funds to cover project costs. Projects will need to
be fully funded before approval. Mr. Thompson advised that there are six prioritized
projects: Colonial Avenue, which is currently under construction; Catawba Creek Road,
which is almost completely funded; Rocky Road, which is an unpaved road project;
McVitty Road, Old Cave Spring Lane and Cotton Hill Road, which will need substantial
funding to be completed.
The McVitty Road project has a total cost of approximately $8.1 million, of
which $6.3 million has previously been funded. This project is designed to be
constructed in conjunction with the Old Cave Spring Lane project and an additional $1.8
million is needed for completion. Mr. Thompson explained that the stream relocation
costs are not included in these numbers.
The Old Cave Spring Road project has a total cost of approximately $2.7
million, of which approximately $1.5 million has previously been funded. There is an
88 May 25, 2010
additional $1.2 required for completion. This project was designed to be constructed in
connection with the McVitty Road project.
The Colonial Avenue project has a total cost of approximately $7.1 million,
of which $6.8 million has previously been funded. There is an additional $317,000
required for completion.
The Cotton Hill Road project has a total cost of approximately $5.1 million,
of which $1.9 million has been previously funded. There is an additional $3.2 million
required for completion. These improvements are tied into the Route 221 Widening
Project, which is currently out to bid with bids due in late June. This project would pick
up on the other side of the bridge where VDOT's 221 project leaves off. The project may
have to be shortened due to lack of funds.
The Catawba Creek Road project has a total cost of approximately $1.6
million, which is almost entirely funded. This is a bridge replacement.
The Rocky Road project has a total cost of $455,000, of which $240,595
has previously been funded. Additional funding in the amount of $214,405 is required
for completion. This is a rural, rustic road project, which includes additional right-of-way
and drainage issues.
It was noted that Revenue Sharing Funds still remain on the John
Richardson Road project; however, Secondary Road funds have been removed. The
substandard bridge is to be demolished by VDOT and a cul-de-sac constructed, for
which there are sufficient funds in place.
There was discussion of the effects of moving VDOT to the CTB. Mr.
Wade commented that it is unknown if this will be a permanent situation. He felt it was
good news for Roanoke County that the Route 11 /460 and Route 221 projects are
moving forward.
Mr. Thompson indicated that it is staff's recommendation to adopt the
Secondary Six-Year Improvement Road Plan for fiscal years 2011-2016 with the Cotton
Hill Road project as the County's top priority and to reallocate funds from the McVitty
Road/Old Cave Spring Lane projects to the Cotton Hill Road project.
It was the consensus of the Board to choose the Cotton Hill Road project
as top priority as recommended by staff.
3. Work Session to discuss the proposed "Change in Use Incentive
Grant Program" (Doug Chittum, Director of Economic
Development)
The work session was held from 5:28 p.m. until 5:47 p.m.
Mr. Chittum summarized how increased regulatory requirements and
procedures have made the process of converting a single family residence into a
commercially used structure increasingly more expensive and challenging to
accomplish. Many of these requirements are a result of changes to the Uniform
May 25, 2010 ~ gg
Building Code that Roanoke County enforces. Due to the concerns that have been
expressed to County staff on numerous occasions and the fact there is currently no
local program to assist individuals when they confront these issues, County staff has
drafted a simple, affordable and effective tool to not only financially assist, but to
encourage more of this type of building conversion, which is beneficial to all.
A draft guideline was distributed for review. There are currently 285
buildings along commercial corridors in the County and Town of Vinton to which this
could apply. There are approximately five to six of these conversions each year,
including the Town of Vinton, who will contribute half for buildings within their town
limits. The Economic Development Authority will administer the grant program. One of
the main goals is to convert these nonconforming properties from residential to
commercial. Topics of discussion were one grant per building, timing of distribution and
leasing of properties.
It was the consensus of the Board for the staff of Economic Development
to bring a revised policy before the Board as an agenda item at the June 8, 2010,
meeting.
IN RE: CERTIFICATION RESOLUTION
At 7:00 p.m., Supervisor Church moved to return to open session. He
announced that on Friday, June 11, 2010, a portion of Dry Hollow Road will be closed
and a portion of Merriman Road will be closed from June 11 through August 23, 2010.
RESOLUTION 052510-9 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member's
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies, and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
190 May 25, 2010
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Church
NAYS: None
ABSENT: Supervisor Elswick
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of students at Cave Spring High School:
(a) Resolution of congratulations to the Boys Basketball Team for
winning the 2010 VHSL State Group AA Division 3
Championship
Coach Billy Hicks and members of the team were in attendance to accept
the resolution. Allen W. Journell, Deputy Superintendent of Roanoke County Schools,
and H. Odell "Fuzzy" Minnix from the Roanoke County School Board were also in
attendance and offered their congratulations.
RESOLUTION 052510-10 OF CONGRATULATIONS TO THE
CAVE SPRING HIGH SCHOOL BOYS BASKETBALL TEAM FOR
WINNING THE 2010 VHSL STATE GROUP AA DIVISION 3
CHAMPIONSHIP
WHEREAS, team sports are an important part of the curriculum at schools in
Roanoke County, teaching cooperation, sportsmanship and athletic skill; and
WHEREAS, the Cave Spring High School Boys Basketball Team defied the odds
for a second straight year by winning the 2010 Virginia High School League (VHSL)
Group AA Division 3 State Championship at the Virginia Commonwealth University
Siegel Center in Richmond, Virginia on March 13, 2010; and
WHEREAS, the Knights defeated the team from Brunswick by a final score of 54-
43; and
WHEREAS, the team finished their season with an outstanding record of 26
wins, 5 losses, claiming the River Ridge District and Region IV titles; and
WHEREAS, Josh Henderson, a senior center, was named Boys Basketball
Player of the Year for his division by the Virginia High School Coaches Association.
WHEREAS, the Knights are under the dedicated leadership of Head Coach Billy
Hicks and Assistant Coaches Tim Myers and Bob Hicks and are managed by Cody
Caldwell. The athletic trainer is John Swartz and the videographer is Robert Stoots.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its sincere congratulations to the
May 25, 2010 191
members of the CAVE SPRING HIGH SCHOOL BOYS BASKETBALL TEAM: Arin
Brenner, R. J. Burns, Michael Cole, Quentin Dill, Luke Feldenzer, Storm Furrow, Adam
Hager, Scott Harriman, Josh Henderson, Erik Jacobsen, Tyler Kemp, Clay Lacy, Mark
Overstreet, Justin White and Jack Wilkes for an outstanding performance, their athletic
ability, their team spirit and their commitment to each other; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best
wishes to the members of the team, the coaches and the school in their future
endeavors.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Church
NAYS: None
ABSENT: Supervisor Elswick
(b) Certificate of recognition to Jackie Crawford for winning a
2010 VHSL State Group AA Championship in swimming
Ms. Crawford was in attendance to accept the recognition. Allen W.
Journell, Deputy Superintendent of Roanoke County Schools, H. Odell "Fuzzy" Minnix
from the Roanoke County School Board and Coach Andy Huray were also in
attendance and offered their congratulations.
(c) Certificate of recognition to Ali Horn for winning two 2010
VHSL State Group AA Championships in swimming
Ms. Horn and her parents were in attendance to accept the recognition.
Allen W. Journell, Deputy Superintendent of Roanoke County Schools, H. Odell "Fuzzy"
Minnix from the Roanoke County School Board and Coach Andy Huray were also in
attendance and offered their congratulations.
(d) Certificate of recognition to Luke Munson for winning a 2010
VHSL State Group AA Championship in swimming
Mr. Munson was in attendance to accept the recognition. Allen W.
Journell, Deputy Superintendent of Roanoke County Schools, H. Odell "Fuzzy" Minnix
from the Roanoke County School Board and Coach Andy Huray were also in
attendance and offered their congratulations.
(e) Certificate of recognition to Edy Ndem for winning a 2010
VHSL State Group AA Triple Jump Championship
~ 92 May 25, 2010
Ms. Ndem and her parents were in attendance to accept the recognition.
Allen W. Journell, Deputy Superintendent of Roanoke County Schools, H. Odell "Fuzzy"
Minnix from the Roanoke County School Board and Coach Derrick Hollins were also in
attendance and offered their congratulations.
On behalf of the entire School Board, Mr. Minnix thanked the Board of
Supervisors for honoring the state champions.
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. Resolution approving the Secondary Six-Year Road Improvement
Plan for fiscal years 2011-2016 and the Construction Priority List
for fiscal year 2011 (Philip Thompson, Deputy Director of
Planning)
No citizens spoke on this item. There was no discussion.
RESOLUTION 052510-11 APPROVING THE SECONDARY SIX-
YEAR ROAD IMPROVEMENT PLAN FOR FISCAL YEARS 2011
THROUGH 2016 AND THE CONSTRUCTION PRIORITY LIST
FOR FISCAL YEAR 2011
WHEREAS, Sections 33.1-23 and 33.1-23.4 of the Code of Virginia (1950, as
amended) provides the opportunity for Roanoke County to work with the Virginia
Department of Transportation in developing a Secondary Six-Year Road Improvement
Plan; and
WHEREAS, this Board had previously agreed to assist in the preparation of the
Secondary Six-Year Road Improvement Plan, in accordance with Virginia Department
of Transportation policies and procedures; and
WHEREAS, a public hearing which was duly advertised on the proposed
Secondary Six-Year Improvement Plan for fiscal years 2011-2016 and Construction
Priority List for fiscal year 2011 was held on May 25, 2010, to receive comments and
recommendations on Roanoke County's Secondary Six-Year Road Improvement Plan
for fiscal years 2011-2016 as well as the Construction Priority List for Fiscal Year 2011.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does
hereby approve the Secondary Six-Year Road Improvement Plan for Roanoke County
for fiscal years 2011-2016; and
BE IT FURTHER RESOLVED, that the Board of Supervisors does also hereby
approve the Construction Priority List for Fiscal Year 2011 with the Cotton Hill Road
project being the County's top Secondary Road priority; and
BE IT FURTHER RESOLVED that a copy of this resolution duly attested to be
forthwith forwarded to the Virginia Department of Transportation Salem Residency
May 25, 2010 193
Office along with a duly attested copy of the proposed Roanoke County Secondary Six-
Year Road Improvement Plan for fiscal years 2011-2016 by the Clerk to the Board.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Church
NAYS: None
ABSENT: Supervisor Elswick
IN RE: PUBLIC HEARING AND SECOND READING OR ORDINANCES
1. Ordinance amending Section 2-5. Library Fines and Fees of
Chapter 2. Administration of the Roanoke County Code (Diana
Rosapepe, Director of Library Services)
Ms. Rosapepe indicated there were no changes since the first reading of
this ordinance. No citizens spoke on this item and there was no discussion.
ORDINANCE 052510-12 AMENDING SECTION 2-5. LIBRARY
FINES AND FEES OF CHAPTER 2. ADMINISTRATION OF THE
ROANOKE COUNTY CODE
WHEREAS, the ordinance establishing a schedule of fines and fees for overdue,
damaged or lost public library items or materials was last amended and adopted on July
9, 1991; and
WHEREAS, this schedule of fines and fees should be amended to reflect the
increase in the costs and value of public library materials over the past 19 years; and
WHEREAS, the consortium of the public libraries in the Roanoke Valley requests
the various local governing bodies to adopt the same schedule of fines and fees for
overdue, damaged, or lost public library items or materials; and
WHEREAS, the first reading of this ordinance was held on May 11, 2010, and the
second reading and public hearing were held on May 25, 2010.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County as follows:
That Section 2-5. Library fines and fees. be amended to read and provide
as follows:
Section 2-5. Library fines and fees.
There is hereby established the following schedule of fines and fees for overdue,
damaged or lost public library items or materials:
Overdue Fines
Adult beak or children's books or materials, per day $9~9 $0.20
194
May 25, 2010
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vi~rrcrr crra-rp
vi`cr°co-Ea-~S°+c cep r rlo~i Q`'I nn
Video materials, per day $1.00
~~~ ri~_~Ic_r~or rlo~i Q`n 'In
Items specifically designated as In-demand, per day $1.00
Maximum fine per item $5.00
Maximum fine per item for children's book or material $1.00
Fees
Replacement library card $1.00
R~i~aor~i /fnr hnnLc rlomon~hl~TOhni inr!\ ~~o
Damaged Materials Repair cost, up to item replacement cost
Interlibrary Loans Lender fee, if any plus postage cost
Lost Materials
Service charge $5.00
Lost item charge Service charge + Item replacement cost
~ar~h orli il+ hnnL ~~~nv
~a~nh~on'c hnnL F nn
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Denial of Privileges
A person shall be denied library privileges if +twon+~y-;;tee-de"„ate ~~~; ten dollars
($10.00) in fines, fees or charges have accrued or if twenty-five (25) or more items are
overdue.
2. That this ordinance shall be in effect from and after July 1, 2010.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Church
NAYS: None
ABSENT: Supervisor Elswick
May 25, 2010 195
1. Ordinance amending Article II. Noise of Chapter 13 - Offenses-
Miscellaneous of the Roanoke County Code to provide for revised
definitions, exceptions, specific prohibitions and penalties (Paul
M. Mahoney, County Attorney)
Mr. Mahoney gave a brief summary of the history of the amendments to
the noise ordinance and explained that the items address in this ordinance were
commercial and industrial noises, amplified music, mufflers and trash collection.
The following citizens spoke in support of the proposed changes to the
noise ordinance:
Joyce Waugh of the Roanoke Regional Chamber of Commerce, 210 S.
Jefferson Street, thanked the Board for the thoughtful deliberation. She felt all would
agree that Roanoke County is a great place for doing business and advised everyone
wants to be sure the ordinance does not do any harm to businesses in the County. She
voiced her support for the proposed changes.
Fenton Childers of Kroger, 3631 Peters Creek Road, and resident of
Roanoke County spoke, noting Kroger's six stores and distribution center in Roanoke
County. He was not aware of any complaints about their twenty-four hour per day
operation; however, supported the amendments for all businesses.
D. Ford Mennel of 5185 Benois Road, Plant Manager of Mennel Mills
spoke in support of the proposed changes. Mr. Mennel commented the amendments
are necessary for their business, which operates nonstop, 365 days per year.
Stephen Lemon of Martin, Hopkins and Lemon stated that businesses like
Mennel Mill allowed farmers to continue to farm in Virginia. He thanked Mr. Mahoney for
allowing him and Ms. Goodlatte to have input on the changes to this ordinance. He
thanked the Board for their time and voiced his support for the amendments.
Maryellen Goodlatte of 5341 Fox Ridge Road spoke in support of the
amendments. Ms. Goodlatte stated she was not here on behalf of any specific client;
however, has been contacted by several. She commented on the importance of
protecting the residents and businesses of the County.
Mr. Mahoney verified that the intent is to level the playing field for
everyone and stated the new ordinance links in with the zoning ordinance. These
changes are not an open door, but an attempt to clarify what is in the normal line of
business and phraseology from the State Code. He also clarified there was no negative
feedback from the Town of Vinton.
ORDINANCE 052510-13 AMENDING ARTICLE II. NOISE OF
CHAPTER 13 - OFFENSES-MISCELLANEOUS OF THE
ROANOKE COUNTY CODE TO PROVIDE FOR REVISED
DEFINITIONS, EXCEPTIONS, SPECIFIC PROHIBITIONS, AND
PENALTIES
196 May 25, 2010
WHEREAS, a recent decision by the Virginia Supreme Court has made it
necessary to amend Roanoke County's noise ordinance; and
WHEREAS, the Board of Supervisors has held three work sessions over the past
fourteen months to review various alternatives and to consider recommendations from
citizens and County staff; and
WHEREAS, the Board of Supervisors has determined that public health, safety,
and welfare require these amendments to the Roanoke County Code; and
WHEREAS, that the first reading of this ordinance was held on March 23, 2010
and the second reading and public hearing was held on May 25, 2010.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the following sections of Article II. Noise of Chapter 13 - Offenses-
Miscellaneous of the Roanoke County Code are amended to read and provide as
follows:
Sec. 13-18. Definitions.
The following words and phrases, when used in this article shall have the meaning
assigned to them in this section.
Emergency work shall mean work made necessary to restore property, public or
private, to a safe condition following a state of emergency or a local emergency as
defined by the Commonwealth of Virginia Emergency Services and Disaster Law of
1973, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, as amended, or its
successor, or work required to protect persons or property from immediate exposure to
danger, including work performed by the Western Virginia Water Authority, the Town of
Vinton Public Works department, or by public service companies when emergency
inspection, repair of facilities or restoration of services is required for the immediate
health, safety or welfare of the community.
Instrument, machine or device means and refers to any musical instrument, drum,
radio, phonograph, compact disc player, cassette tape player, MP3 player, video player,
amplifier or any other machine or device for producing, reproducing or amplification of
sound.
Motor vehicle shall mean aself-propelled vehicle including passenger cars, trucks,
truck-trailers, semitrailers, campers, racing vehicles, and any motorcycles (including, but
not limited to, motor scooters, mini-bikes, all-terrain vehicles and three-wheelers) as
defined in section 46.2-100 of the Code of Virginia.
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Noise disturbance means any sound which (a) endangers or injures the safety or health
of any person; (b) annoys or disturbs humans and which causes or tends to cause an
adverse psychological or physiological effect on humans; or (c) endangers or injures
personal or real property.
Person shall mean any individual, corporation, cooperative, partnership, firm,
association, trust, estate, private institution, group, agency or any legal successor,
representative, agent or agency thereof.
Plainly audible means any sound that can be heard clearly by a person using his or her
unaided hearing faculties. When music is involved, the detection of rhythmic bass tones
shall be sufficient to be considered plainly audible sound.
Public area means any real property owned by the government, including, but not
limited to, public rights-of-way, sidewalks, parks, and buildings.
Residential dwelling means any building or other structure in which one or more
persons resides on a permanent or temporary basis, including, but not limited to,
houses, apartments, condominiums, hotels, and motels.
Sec. 13-19. Exceptions from this article.
The provisions of this article shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the existence of an
emergency or to the emission of sound in the performance of emergency work;
(2) Music, bells, chimes or other sounds which are emanating from a church, temple,
synagogue or other place of worship;
(3) Sound generated from school or county sponsored athletic or recreational events,
including band performances or practices, athletic contests or practices and other
school-sponsored activities on the grounds of public or private schools, colleges, or
universities;
(4) Agricultural activities;
(5) Gardening, lawn care, tree maintenance or removal, and other landscaping
activities, provided such exemption shall terminate between the hours of 10:00 p.m. and
7:00 a.m. the following day;
(6) Religious or political gatherings to the extent that those activities are protected by
the First Amendment to the United States Constitution;
(7) Sound generated by activities which are an official or approved part of any county
or state approved or licensed parade, festival or activity, provided such exemption shall
terminate at 10:00 p.m.;
(8) Sound generated by commercial and industrial uses permitted in the underlying
zoning districts or sounds regulated by a special use permit, proffered condition,
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variance or approved by the zoning administrator or which are normal, routine,
necessary and incidental to the uses permitted therein; and
(9) Sound for which a waiver has been granted in accordance with section 13-23 of
this article; and,
(10) Activities for which the regulation of noise has been preempted by federal law.
(11) Locomotives and other railroad equipment, and aircraft.
(12) Lawful discharge of firearms.
Sec. 13-20. Reserved.
Sec. 13-21. Specific acts as noise disturbances.
The following acts are declared to be noise disturbances in violation of this article
unless specifically excepted in Section 13-19.
(1) Engaging in, or operating or causing to be operated any equipment used in the
construction, repair, alteration or demolition of buildings, streets, roads, alleys or
appurtenances thereto between the hours of 10:00 p.m. and 7:00 a.m. the following
day.
(2) Repairing, rebuilding or modifying any motor vehicle or other mechanical
equipment or device between the hours of 10:00 p.m. and 7:00 a.m. the following day in
a manner so as to be plainly audible at a distance of fifty (50) feet or more from the
vehicle.
(3) Loading or unloading trucks outdoors within one hundred (100) yards of a
residential dwelling between the hours of 10:00 p.m. and 7:00 a.m. the following day.
(4) Sounding the horn or warning device of a vehicle, except when necessary as a
warning during the operation of the vehicle.
(5) Operating or permitting the use or operation of any instrument, machine or any
other device for the production of sound, at a volume sufficient to be plainly audible
through partitions common to two (2) residences within a building or plainly audible at
fifty (50) feet or more from such device or its source.
(6) Using or operating a loudspeaker or other sound amplification devices in a fixed or
movable position exterior to any building, or mounted upon any motor vehicle or
mounted in the interior of a building with the intent of providing service to an exterior
area for the purpose of commercial advertising, giving instruction, information,
directions, talks, addresses, lectures, or providing entertainment to any persons or
assemblage of persons on any private or public property, between the hours of 10:00
p.m. and 7:00 a.m. the following day.
(7) Using or operating any motor vehicle without factory installed mufflers or their
equivalent conforming to Sections 46.2-1047 and 46.1-1049 of the Code of Virginia, on
any public street or road in the county or on private property within a residential zoning
district.
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(8) Using a radio receiving set, an audio cassette player, a compact disc player, or
other device for the production of sound in a motor vehicle at a volume sufficient to be
plainly audible at fifty (50) feet or more from such vehicle.
(9) Failure to deactivate an alarm system plainly audible at fifty (50) feet or more from
such alarm within such reasonable time as is established by section 16-23 of this Code.
(10) The operation of a trash collection vehicle between the hours of 10:00 p.m. and
7:00 a.m. in such a manner as to be plainly audible at any residence one hundred (100)
or more yards away.
Sec. 13-22. Penalties.
(a) A violation of any provisions of this article shall constitute a Class 3
misdemeanor. Each separate act on the part of the person violating this article shall be
deemed a separate offense, and each day a violation is permitted to continue unabated
shall constitute a separate offense. Any person who violates a provision of this article
within one (1) year after a previous conviction under this article shall be guilty of a Class
2 misdemeanor.
(b) The person operating or controlling a noise source shall be guilty of any
violation caused by that source. If that cannot be determined, any owner, tenant,
resident or manager physically present on the property where the violation is occurring
is reputably presumed to be operating or controlling the noise source.
(c) In addition to and not in lieu of the penalties prescribed in this section, the
county may apply to the circuit court for an injunction against the continuing violation of
any of the provisions of this article and may seek any other remedy or relief authorized
by law.
(d) Citizens of the county believing that a noise disturbance constituting a
public nuisance exists may utilize the procedure set forth in Section 48-1, et seq., Code
of Virginia (1950) as amended, or any other legal civil or criminal remedies that may be
available to them.
2. That this ordinance shall be effective from and after the date of its
adoption.
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Church
NAYS: None
ABSENT: Supervisor Elswick
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
Chris Craft of 1501 Eastgate Avenue NE is a citizen of Roanoke City. He
advised that he was having a problem with the Green Ridge Recreation Center. He
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stated that the pool is not open all day. Mr. Craft also commented that he is not allowed
to go to Splash Valley with his membership without paying extra; the facility director will
not return his calls; the Parks and Recreation Director will not return his calls; and
Supervisor Altizer has not had time.
Mr. Craft would also like Roanoke County to consider tags for moped
scooters like they have in the Roanoke City, as it would help citizens know who owns
them when someone destroys property with one.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Moore thanked all veterans and men and women currently
serving their Country. She wished a Happy Memorial Day to all. Ms. Moore thanked
Mike Ruth, who owns the Shoe Doctor and is doing such a great job in adopting the
median between Bernard Drive and Starkey Road.
Supervisor Flora stated that he had received a request from the citizens of
Carvins Cove to see if there is anything that can be done to help improve their
neighborhood.
Chairman Church reminded everyone about the Splash Valley ribbon
cutting on Friday, May 28, 2010, at 3:30 p.m. at the Green Ridge Recreation Center.
Additionally, Mr. Church thanked friends from Roanoke City, where he was invited to a
`Save the Countryside Gold Course' picnic and stated how hospitable and nice these
people were.
IN RE: ADJOURNMENT
Chairman Church adjourned the meeting at 8:29 p.m.
Submitted by:
Approved by:
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Becky R. Me dor v~Josep B. "Butch" Church
Clerk to the Board Chairman
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