HomeMy WebLinkAbout7/27/2010 - Regular~uiy 27, Zoe 0 251
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 July 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 Jim Crockett of Westhampton
Christian Church. The Pledge of Allegiance was recited by all present.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Certificate of Appreciation to Darryl W. Moore for his assistance
to the Roanoke County Police Department
Police Chief Ray Lavinder described the incident of March 30, 2010,
during which Mr. Moore assisted Officer O'Brien in apprehending a combative suspect
when backup was unable to reach the location. Mr. Moore was present to receive the
recognition. Also in attendance were Officers Jason O'Brien and Eric Orange.
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IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES -CONSENT AGENDA
1. The petition of Bobby B. Twine to rezone 5.892 acres from AR,
Agricultural/Residential, District to I-2, High Intensity Industrial,
District for the purpose of operating a construction yard, located
near the intersection of Twine Hollow Road and Meacham Road,
Catawba Magisterial District
Supervisor Church moved to approve the first reading and schedule the
second reading and public hearing for August 24, 2010. 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 approving a lease agreement for the Tinker Mountain
Tower Site (Anne Marie Green, Director of General Services)
There was no discussion. Supervisor Flora moved to approve the first
reading and schedule the second reading for August 10, 2010. The motion carried by
the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: APPOINTMENTS
1. Capital Improvement Program (CIP) Review Committee (appointed
by District)
Supervisor Moore appointed Gene Marrano to the Roanoke County
Capital Improvement Program (CIP) Review Committee to represent the Cave Spring
Magisterial District. Chairman Church asked that confirmation of the appointment be
placed on the Consent Agenda.
Supervisor Flora requested that the Clerk's office contact Becky Walter,
who represents the Hollins Magisterial District, to see if she would be willing to serve
another term.
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IN RE: CONSENT AGENDA
RESOLUTION 072710-1 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- 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 July 27,
2010, designated as Item I -Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 8 inclusive, as follows:
1. Approval of minutes -June 8, 2010 and June 22, 2010
2. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Nancy A. Thomas, Treasurer Clerk III, upon her
retirement after more than twenty-five years of service
3. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Dianne Maxey, Payroll Technician, upon her retirement
after ten years of service
4. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Michael G. Xeroteres, Senior Appraiser (Real Estate
Valuation), upon his retirement after more than seventeen years of service
5. Confirmation of appointment to the Capital Improvement Program (CIP)
Review Committee
6. Resolution authorizing the application, acceptance and appropriation of grant
funds in the amount of $98,571 from Department of Homeland Security (DHS)
administered through the Virginia Department of Emergency Management to
the Fire and Rescue Department to support the Regional Technical Rescue
Team
7. Request from Roanoke Valley-Alleghany Regional Commission to authorize
Roanoke County's participation in a Sustainable Communities Regional
Planning Grant
8. Acceptance of a drainage easement from Walmart Real Estate Business
Trust and a drainage easement from Walmart Real Estate Business Trust,
Timberbrook Properties, IX LLC, and Fincastle Equipment Company, LC
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
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RESOLUTION 072710-1.a EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO NANCY A. THOMAS, TREASURER CLERK III, UPON HER
RETIREMENT AFTER MORE THAN TWENTY-FIVE YEARS OF
SERVICE
WHEREAS, Nancy A. Thomas was hired on November 26, 1984, as a
Treasurer Clerk I and was promoted to Treasurer Clerk I I on February 1, 1987, and to
Treasurer Clerk III on March 21, 1988; and
WHEREAS, Ms. Thomas retired as Treasurer Clerk III on June 30, 2010, after a
total of twenty-five years and seven months of dedicated, loyal and capable service with
the County; and
WHEREAS, during her tenure in the Treasurer's office, Ms. Thomas began her
career when the office still operated with annual tax books printed on paper and her first
job as a cashier involved receipt of payments and marking them into the tax rolls; and
WHEREAS, Ms. Thomas witnessed the very first computer installed in the office,
which brought about many changes in business practices and daily operations in which
Ms. Thomas help lead the change and took on many more special roles and duties over
the years than could be mentioned here; and WHEREAS, Ms. Thomas, proved herself
to be a model of consistency in her attendance and work ethic and held herself
accountable to a higher standard in the performance of her duties to adhere to the
monetary fiduciary responsibilities beholden to public trust; and
WHEREAS, Ms. Thomas pursued a higher level of job performance for the
advancement of her skills through professional educational courses administered
through the Weldon Cooper Center of the University of Virginia on behalf of the
Treasurers' Association of Virginia and through this educational pursuit she achieved
the Level of Master Governmental Deputy Treasurer within the Treasurers' Association
of Virginia on November 15, 2006.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to NANCY A. THOMAS for more than twenty-five years of
accomplished, dependable, and devoted 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
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RESOLUTION 072710-1.b EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO DIANNE M. MAXEY, PAYROLL TECHNICIAN UPON HER
RETIREMENT AFTER TEN YEARS OF SERVICE
WHEREAS, Dianne Maxey was hired on July 24, 2000, as Payroll Clerk and
was promoted to Payroll Technician on June 1, 2004; and
WHEREAS, Ms. Maxey retired as Payroll Technician on August 1, 2010, after a
total of ten years of devoted, reliable and competent service with the County; and
WHEREAS, during her tenure in the Payroll Office, Ms. Maxey was responsible
for providing excellent customer service to the Roanoke County School administration
and employees; and
WHEREAS, Ms. Maxey was responsible for the accurate and timely processing
of the school employee's pay checks and related tax and vendor payments; and
WHEREAS, Ms. Maxey worked closely with the school Personnel Office to
ensure accuracy with the annual school contract rolls and employee status changes;
and
WHEREAS, Ms. Maxey was instrumental in the implementation of the new
Absence Management Leave system; and
WHEREAS, Ms. Maxey has proved herself to be an exemplary employee with
her great work ethic and attendance.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to DIANNE MAXEY for ten 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
RESOLUTION 072710-1.c EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO MICHAEL G. XEROTERES, SENIOR APPRAISER (REAL
ESTATE VALUATION), UPON HIS RETIREMENT AFTER MORE
THAN SEVENTEEN YEARS OF SERVICE
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WHEREAS, Michael G. Xeroteres was hired on May 3, 1993, as an Associate
Appraiser and was promoted to Appraiser on August 16, 1993, and to Senior Appraiser
(Real Estate Valuation) on June 10, 2000; and
WHEREAS, Mr. Xeroteres retired as Senior Appraiser (Real Estate Valuation) on
August 1, 2010, after a total of seventeen years and three months of dedicated, loyal
and capable service with the County; and
WHEREAS, during his tenure with Real Estate Valuation, Mr. Xeroteres used his
knowledge of the real estate market and skills as an appraiser to successfully explain
both the market and appraisal process to all citizens; and
WHEREAS, Mr. Xeroteres has been a member of the Virginia Association of
Assessing Officers and held the license of certified Residential Real Estate Appraiser.
He completed numerous classes of continuing education; and
WHEREAS, Mr. Xeroteres exhibited a sincere attitude to all citizens that he met
and has brought to the office a sense of humor that we all need. His contributions to the
Real Estate Valuation office will be missed through his retirement.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to MICHAEL G. XEROTERES for over seventeen years of
accomplished, reliable and committed 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
RESOLUTION 072710-1.e AUTHORIZING THE APPLICATION,
ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS IN
THE AMOUNT OF $98,571 FROM THE DEPARTMENT OF
HOMELAND SECURITY (DHS), ADMINISTERED THROUGH THE
VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT TO
THE FIRE AND RESCUE DEPARTMENT TO SUPPORT THE
REGIONAL TECHNICAL RESCUE TEAM
WHEREAS, Roanoke County Fire and Rescue, Roanoke City Fire-Emergency
Medical Services (EMS) and the City of Salem Fire-EMS Department participate in the
State of Virginia's Heavy and Tactical Rescue Program as the Division-6 Technical
Rescue Team (TRT); and
WHEREAS, the Division-6 TRT is responsible for providing emergency response
to most of Southwest Virginia and has been placed on alert for State and National
emergencies; and
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WHEREAS, the grant in the amount of $98,571 is for the purchase of equipment
and/or to pay for training expenses to support the activities of the Regional Technical
Rescue Team.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia authorizes the County Administrator, or any Assistant County
Administrator, to execute for and on behalf of Roanoke County, a public entity
established under the laws of the State of Virginia, this application and to file it in the
appropriate State Office for the purpose of obtaining certain Federal financial assistance
under the National Preparedness Directorate, United States Department of Homeland
Security (DHS), administered by the Commonwealth of Virginia.
BE IT FURTHER RESOLVED that Roanoke County, a public entity established
under the laws of the Commonwealth of Virginia, hereby authorizes its agent to provide
to the Commonwealth and to the DHS for all matters pertaining to such Federal financial
assistance and all information pertaining to these Grants as may be requested, and
BE IT FURTHER RESOLVED that the Board of Supervisors of Roanoke County
authorizes the application, acceptance, and appropriation of said grant monies in the
amount of $98,571 for the purposes authorized in the grant application.
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:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
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 June 30, 2010
5. Accounts Paid -June 2010
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6. Report of Claims Activity for the Self-Insurance Program for the
quarter ended June 30, 2010
IN RE: CLOSED MEETING
At 3:19 p.m., Chairman Church moved to go into closed meeting pursuant
to the Code of Virginia Section 2.2-3711(A)(1): Personnel, namely discussion
concerning the make-up of the Community Development Authority (CDA) Board.
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
At 3:20 p.m. Chairman Church recessed to the 4t" floor for work sessions
followed by closed meeting.
The closed meeting was held from 5:00 p.m. until 5:21 p.m.
IN RE: WORK SESSIONS (TRAINING ROOM - 4T" FLOOR)
1. Work Session to discuss a contract with Trane to reduce energy
consumption and operational costs through the County and
financing of an energy contract (Anne Marie Green, Director of
General Services; Rebecca Owens, Director of Finance)
The work session was held from 3:32 p.m. until 4:23 p.m.
Ms. Green introduced Jim Vodnik, the Assistant Director of General
Services and Mark Donihe from Trane. Ms. Green advised an Energy Performance
Contract was requested by the Board of Supervisors as a way to cut utility bills.
Request for proposals were prepared and two companies responded. After negotiating
with the two companies and an interview process, Roanoke County enlisted assistance
from the Virginia Department of Mines, Minerals and Energy, who guided Staff with the
process and provided instruction regarding State law as there is now State Code that
controls energy performance companies. Trane was chosen as the company that
Roanoke County would work with. Ms. Green explained performance contracting is a
way to make upgrades to your facility that will save energy then pay for itself through
those savings. Trane did a "back of the envelope" review where they went out to all of
our buildings with John Patten, Facilities Manager, or one of the County's building
maintenance technicians and discussed what kind of systems we have. Trane then
returned an audit in which suggestions were made about what items would be the most
cost savings for Roanoke County. The payback time was targeted for ten years, which
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has now been reduced to 9.8 years. Additionally, Roanoke County obtained a stimulus
grant from the Department of Energy in the amount of $372,800, of which approximately
$322,000 would go toward the performance contract and the remaining $50,000 to the
Roanoke County Community Leaders Environmental Action Roundtable (RC-CLEAR) to
work on Roanoke County's carbon footprint. The Federal government requires an actual
list of items, so Trane came up with a certain amount of dedicated projects that fit into
that stimulus funding. Ms. Green provided handouts to the Board, copies of which are
on file in the office of the Clerk to the Board of Supervisors. She indicated the items
that will be funded by the Stimulus Grant, which total $322,438, noting the biggest
savings will be upgrading lighting. Ms. Green further indicated there is a lot more that
can be done with more funding; however, the recommendations presented are based
on Staff analysis, taking into consideration borrowing to fund this project and the
payback period. She feels these are great things that are going to improve the buildings
and help the people who work in them.
Ms. Moore inquired if all items funded by the Stimulus Grant would be
done. Ms. Green confirmed that they would.
Supervisor Elswick inquired who the other company was that responded
to the request for proposal, with Ms. Green answering PEPCO, Potomac Electric Power
Company.
Supervisor Elswick asked if a contract with Trane has already been
executed and if any companies that do not sell equipment responded. Ms. Green
responded that a Memorandum of Agreement had been executed and if the Board is in
agreement, the next step would be the final contract. She advised that any equipment
can be utilized and the vast majority of the equipment will be for lighting, which Trane
does not sell. Mr. Donihe noted that the only equipment from Trane will be controls and
clarified that he had worked with John Patten to look at other manufacturers and there
was no difference in cost. He stated that Mr. Patten felt comfortable using Trane as they
are local.
Supervisor Elswick asked what changes would be made to the lighting
and Mr. Donihe explained that Trane would use a smaller diameter fixture, which
provides more lighting for one-half the consumption. Supervisor Elswick asked if
Roanoke County would be obtaining quotes from a number of suppliers. Ms. Green
responded that Roanoke County would not, but Trane would because they do not make
lighting fixtures and the County has guaranteed pricing. Supervisor Elswick reiterated
that he does not feel comfortable any time a company is hired to be a consultant when
that company is also a supplier. It was his opinion that as a consultant, a company will
always tend to recommend their own equipment and design systems around their own
equipment to eliminate competition. Ms. Green indicated that Trane is not actually a
consultant, but is acting as the general contractor.
Supervisor Elswick inquired what the total contract amount is, with Ms.
Owens answering $1,479,875. Supervisor Elswick then asked, if in ten years time,
Roanoke County would get its money back. Mr. Donihe indicated that Roanoke County
260 ~uiy 27, Zoe o
would be guaranteed a savings in year one for energy, which consists of natural gas,
propane and electricity. This totals $170,000 for the first year and is the equivalent of
saving guaranteed energy units of approximately 51 hours.
Supervisor Flora asked if the controls are proprietary to Trane and will
only work with Trane equipment or if they are open protocol. Mr. Donihe responded that
all systems would need to talk to each other to some degree and advised that every
company has to communicate some of their information. In this case, aweb-based
system will be implemented so that County staff can look in one place and see all
buildings. Supervisor Flora felt that the controls would be proprietary, with Supervisor
Elswick concurring. Mr. Vodnik indicated that part of the cost is the license to use the
controls. Supervisor Flora felt there may be similar equipment that could be used under
an open protocol arrangement that would not require a proprietary system. Supervisor
Elswick stated there are engineering firms in the valley that can do the same type of
evaluation. Ms. Green responded by stating these firms did not respond to the request
for proposal, and if the contract does not go through Roanoke County will still be
responsible for $27,000, which is the cost of the study. She further indicated this fee is
a standard and that the Department of Mines, Minerals and Energy with the
Commonwealth of Virginia reviewed the study, explained what was normal and Trane is
an approved State contractor.
Chairman Church asked Ms. Green to explain to whom the request for
proposals are submitted. She reported that these proposals are sent to a State list of
companies that have been approved by the Commonwealth of Virginia to be
performance contracting companies.
Supervisor Altizer inquired as to the life span of the equipment. Mr.
Donihe responded that the controls generally last 15-20 years and the lighting
approximately 15 years. Supervisor Altizer then asked if the maximum peak of savings
is 9.8 years and if Trane is guaranteeing payback over ten years, as the equipment gets
older and will not perform as well, would Trane consider the guaranteed savings at
maximum life to the highest peak be ten years or twelve years. Mr. Donihe did not feel
items in this scope of work will degrade in terms of savings as they are plumbing
fixtures, light bulbs, thermostats that turn on and off at night and keep the fire station
bay heaters from running when the doors are open. Trane fully expects Roanoke
County will exceed the guarantee because of the calculated, built-in safety factors.
Supervisor Altizer inquired if the energy savings are based on
consumption or dollars. Mr. Donihe responded that Trane will be guaranteeing energy
units, as the future cost of energy cannot be determined and indicated that a 4%
escalation each year in the proforma was included. Supervisor Altizer felt this contract
seems to indicate an even swap for ten years, and wondered at what point Roanoke
County will need to go through the process again, as there appears to be no return on
the investment. Ms. Green voiced understanding of Supervisor Altizer's point and noted
that the numbers were extremely conservative, a worst case scenario. She is of the
opinion that additional savings will occur.
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Diane Hyatt, Assistant County Administrator, remarked that there are
additional savings in being able to read and review the controls before sending out a
maintenance technician. Additionally, Roanoke County's carbon footprint will be
reduced.
Supervisor Moore remarked that local business will be utilized, which is
part of our LEED certification.
Chairman Church stated that Roanoke County has been working on this
for a year and a half and has now reached the aggressive stage where if they back
down, it will cost $27,000. Based on the information of the County Staff, who spent
numerous hours studying this process, he felt it appears to be a true savings, cost
efficient, cleaner and if ignored Roanoke County would lose.
Ms. Owens presented a PowerPoint entitled Energy Lease Financing
Recommendations. (A copy of this presentation is on file in the office of the Clerk to the
Board of Supervisors.) There is a virtual server required that will be paid for separately
out of capital dollars. It is anticipated that Roanoke County would do a capital lease for
the remaining balance of $1,148,037, which Staff recommended funding through a
lease purchase agreement. A request for quotations was issued, which were received,
reviewed and evaluated. Staff recommended a lease be entered into with Green
Campus Partners, who has experience and expertise in this particular type of financing.
They have worked with Trane before on projects of this type. Green Campus Partners
will assign Roanoke County one account manager that will work with Staff throughout
the entire process of the financing, which is unusual. Ms. Owens stated she has been
very impressed with their work so far in providing quotations. Green Campus Partners is
proposing atax-exempt financing, Roanoke County has already been approved with an
interest rate of 3.99%; would be financed for ten years; no closing costs and lease
proceeds would be funded to escrow, with the first payment due in one year. Payments
would be made in arrears. Ms. Green's recommendation is to structure payments on an
annual basis. The annual principal and interest payments would be approximately
$141,472. Ms. Owens further clarified for the first five years, general services will need
to basically make a payment or help contribute towards the cost of the project, which
will be funded from the Salem Bank and Trust account; however, after that period there
are enough savings in kilowatts to actually cover the debt service costs. Chairman
Church commended Ms. Owens on her presentation.
Mr. Donihe indicated that Trane follows the International Measurement
and Verification protocol, which is a national standard for performance contracting work.
Trane will work very closely to ensure the County is meeting these savings.
Supervisor Elswick stated that this is the first time that he has been
involved in this and Trane is a good company; however, he would like time to review
and talk to other people who might do the same kind of work. He was not comfortable
with the project and suggested an August 10, 2010, approval date is too soon. At
Supervisor Elswick's request, Mr. Donihe will provide several references that he can
contact.
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Supervisor Elswick asked if there was any reason to borrow the funds
versus paying cash. Ms. Owens advised the Board there is $1.4 million in the minor
capital and $883,000 in the major capital accounts and due to these balances, an
energy lease was proposed with the payback time of ten years. Additionally, Ms.
Owens indicated there should be minimal or no impact to the debt ratios.
Ms. Green felt there was still some concern regarding the control system
and stated that John Patton, Facilities Manager, who was unable to attend today's
session, would be glad to answer any additional questions.
Supervisor Flora indicated that he had experience with a performance
contract while working for the Roanoke County school system, which was adamant that
the equipment had to be open protocol; however, the company had no vested interest in
any particular equipment. He further stated he does not have a preference for
equipment as long as it is open protocol.
Mr. Goodman recommended that due to the numerous questions, this
item be brought back to work session again so that issues such as open protocol can be
addressed and Supervisor Elswick would like to contact references.
Consensus was reached to bring this item back to work session on August
24, 2010.
2. Work Session on South Peak Community Development Authority
(CDA) (Paul Mahoney, County Attorney)
The work session was held from 4:23 p.m. until 4:44 p.m.
Mr. Mahoney explained that at the work session on July 13, 2010, Board
members raised several questions with respect to the various CDA documents and
inquired as to incorporating changes in order to increase the protection to the County
and its taxpayers. The Chairman requested that the County Attorney summarize these
changes and report to the Board at another work session. These five issues are as
follows: (1) reimbursement of water and sewer connection fees; (2) construction of
temporary improvements; (3) no building permits issued until development agreement
approved; (4) property owners association fees; and (5) CDA Board member
compensation. Mr. Mahoney advised that these questions are topics that Staff believes
can be incorporated into the various documents. One question is outstanding with
regard to issuing building permits, which is if this would apply to CDA funded
construction only. Since clarification was needed, these questions have been
communicated with the representatives of the Petitioner. Mr. Goodman has received an
email from Hunter Smith. Per Mr. Smith, the Petitioners are in agreement with items 2, 4
and 5 and request further clarification and conversation on items 1 and 3.
Beginning with item 1., Supervisor Altizer thinks water and sewer is going
to be expensive for this location. It is his understanding before bonds are sold, the
developer will need to put in temporary pump stations. He felt some utility rebates may
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be justified and those rebates should go back to the CDA to defer the debt service on
constructing the utilities as the taxpayers are funding the CDA.
Supervisor Altizer questioned what the development agreement would
contain with regard to Item 3. He believes that certain items referred to as structures
would need to be defined within the agreement and stated that until these definitions are
in place, building should not begin until the development agreement is finalized.
Mr. Goodman indicated to Supervisor Altizer that he had been in contact
with Hunter Smith, who indicated he would be happy to work with the County Staff to
address this matter in the development agreement. Mr. Goodman felt that any
concerns related to this item will be addressed.
Supervisor Altizer then asked how long it would take to complete the
development agreement. Mr. Mahoney anticipates having the development agreement
in place, with the assumption the Board goes forward with first reading, by the second
reading on August 24, 2010, barring any unforeseen complications. Mr. Mahoney
understood the concerns about this item as this property has already been rezoned,
leaving aside the CDA, the property owner can come in and apply for building or
grading permits. Chairman Church indicated that Mr. Mahoney had brought up some
good points and this is a valid issue in this instance. Mr. Mahoney noted that
realistically, townhouses could not be built, because in order to get a building permit, the
builder would need a letter indicating the availability of public utilities. In theory, a
builder might be able to get a building permit for some type of facility or some structure,
but the development agreement should address these issues. Supervisor Altizer
indicated that if the development agreement is completed that quickly, there should not
be a problem and if it takes an additional thirty days to complete the development
agreement, the County should do so, as it needs to be done correctly. He commented
that this is new chartered territory and Roanoke County needs to do what is necessary
to protect the interests of its citizens.
Supervisor Moore indicated that she is not in agreement with Supervisor
Altizer, as there are things that a developer could do to start building now and the Board
is placing restrictions on that. She commented if it applies to the CDA, then the County
should be aware of that and deal with the water/sewer infrastructure; however if there
are others things, such as foundations that need to be put in or excavating that could be
done, the developer should be allowed to go forward. There was substantial discussion
of what items fall under building and/or erosion and sediment (E&S) permits.
Mr. Mahoney felt the majority of the work would be financed through the
issuance of the CDA bonds, which will take time to issue and obtain the proceeds to
start construction and there is a certain process that needs to be followed. He was
unsure of where the owner is with respect to this; however, there is potential for a
developer to obtain an E&S, grading or building permit for some part of the project not
financed by the CDA. He indicated if it was the pleasure of the Board that nothing
happens until the development agreement is executed, then Staff will inform the owner
that this is the position of the County. Supervisor Moore asked Mr. Mahoney to discuss
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the issue with the developer to determine what their plans are, with Mr. Mahoney
answering in the affirmative.
Supervisor Elswick asked if the County could sign and use the completed
architectural work as the development agreement or if it needs to be more detailed. Mr.
Mahoney indicated that more details would be required in terms of specific milestones,
such as a timeline.
Supervisor Flora felt if the developer wants to spend money and is not
going to request reimbursement from the CDA, there should be no problem, especially if
they wish to get ahead on project. However, he stated that if the developer wants to get
ahead of their partner, the CDA, he does not feel one partner should obligate the other
partner to fund it. He felt that if the action is part of the overall project, then the
developer should wait until the CDA is created.
Mr. Goodman advised the Board that a very detailed questionnaire has
been received from a citizen, which has been forwarded to the developer for assistance
in responding. The questions are very good and appropriate, so Staff is attempting to
obtain answers and to anticipate other questions to provide the information to the Board
before the public hearing. Mr. Goodman noted that one of the control mechanisms will
be the market, which will determine whether or not the bonds will sell. He understands
the developer will be required to have certain information in order to sell the bonds and
they will have to make good financial forecasts so the market can determine if it is a
viable project. Mr. Goodman advised that it is legal and permissible under Virginia
Code for the developer to buy the bonds. Discussions have just commenced on this
matter and Staff does not know all of the ramifications, but he felt the Board should be
made aware of this potential outcome. Staff feels the developer will be putting more
money into the project if it purchases the bonds itself.
Chairman Church was in agreement with Mr. Goodman's comment about
the market, the timing of the market, etc. and asked that Mr. Goodman proceed with
obtaining the requested information.
IN RE: CERTIFICATION RESOLUTION
At 7:00 p.m., Chairman Church called the meeting back into open session.
RESOLUTION 072710-2 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.
~uiy 27, Zoe 0 265
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 vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Marie M. Ham for her service
with the Neighborhood Watch Program
Also in attendance were US Marshal Gerald Holt, Sheriff Mike Winston,
Police Chief Ray Lavinder and many friends and neighbors from the Mount Pleasant
community. Marshal Holt appointed Mrs. Ham an honorary US Deputy Marshal.
RESOLUTION 072710-3 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
MARIE M. HAM FOR HER SERVICE WITH THE
NEIGHBORHOOD WATCH PROGRAM
WHEREAS, in 1985 a rash of burglaries in the Mount Pleasant area of Roanoke
County prompted Marie M. Ham to take action to protect her beloved community; and
WHEREAS, with the assistance of Officer Gerald Holt, Mrs. Ham organized the
Mount Pleasant community's first Neighborhood Watch group; and
WHEREAS, based on information provided by the group, within weeks the
subjects were located and apprehended; and
WHEREAS, for the past twenty-five years Mrs. Ham has continued to be the
coordinator and point of contact for the Mount Pleasant Neighborhood Watch group;
and
WHEREAS, since the inception, Mrs. Ham annually hosts Roanoke County's
largest National Night Out gathering, which is a countrywide event designed to
demonstrate that crime will not rule the day or night; and
266 ~uiy 27, Zoe o
WHEREAS, each year Mrs. Ham assures the event is a "going away party for
crime and drugs" with a festival feel, hosting bluegrass musicians, guest speakers,
small-scale Civil War re-enactments and educational and informational activities.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, does hereby extend its sincere appreciation to MARIE M.
HAM for her many years of commitment and devotion to the safety and well being of our
community and its citizens; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best
wishes to her in her future endeavors.
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: PUBLIC HEARINGS AND ADOPTION OF POLICY
1. Adoption of an amendment to the policy for the use of the
Roanoke County Administration Center Board of Supervisors
meeting room (Paul M. Mahoney, County Attorney)
A-072710-4
Max Beyer of 2402 Coachman Drive, Roanoke, stated that he and several
others have spoken several times voicing opposition to this issue, but to no avail as the
facility will remain open, but at an unacceptable price. He feels the changes are an
insult and an affront to the citizens of Roanoke County; that citizens peacefully
assembled should not require a police presence. He commented that the imposition of a
cleaning and maintenance fee should be an option based upon need as determined by
General Services as the language provides when the building is used by County
employees. Mr. Beyer stated these suggestions have been summarily dismissed by the
Board and that the attitude of the Board demonstrates a degree of arrogance, mistrust
and disdain of elected officials for the County citizens that is unbecoming and
unacceptable. He requested changes to this policy should be withheld and the existing
policy be retained and observed for at least asix-month period to see if a change is
really needed.
Trixie Averill of 4278 Toddsbury Circle, Vinton concurred with Mr. Beyer's
remarks. She stated it was an insult to feel they are being treated like hoodlums by
demanding a police presence. She indicated she is representing the Roanoke County
Republican Committee, which is a civic organization, and would not be getting into any
fights, not throwing tomatoes and not making a mess, as these are civil meetings. She
believes the policy is completely unfair when compared to other localities throughout the
~uiy 27, Zoe 0 267
Sixth and Ninth Districts that allow the free use of their municipal buildings. She noted
there have been no problems that required any police presence or cleanup. She also
feels janitorial fees should be as needed and respectfully asked that the Board
reconsider and give it another six months to see what happens.
Charles S. Wertalik of 3116 Valley Stream Drive, Roanoke advised that he
was speaking as Vice Chairman of the Roanoke County Republican Committee and
wanted to reinforce the statements already made by Mr. Beyer and Ms. Averill. Mr.
Wertalik did not understand where the Board got the "chutzpa" to impose the fees
previously described by Mr. Beyer. He wanted to voice his strong opposition to these
changes and ask that the Board continue the present policy and not go forward with the
very punitive system that has been outlined.
Mike Bailey of 7516 Deerbranch Road, Roanoke echoed what the
previous speakers stated. Mr. Bailey indicated that the Board's first concern was with
the security of the building and should replace the $50.00 user fee with a $50.00 fee to
pay for security officers. He stated that this change was understood and reasonable;
however, now the Board has added a second janitorial fee, which he does not
understand and does not support. It was his understanding that if the Board uses this
room in the morning and in the afternoon anon-governmental group uses the room, the
County would charge that group for the janitorial fees. He questioned this if the room
was not messed up and does not feel this fee is necessary. Mr. Bailey further advised
that if the room is messed up, the user should be responsible for it, but should not be
routinely charged an extra fee, as it becomes too excessive.
Chairman Church asked for clarification purposes on whether or not the
options being recognized were not in the last draft of the policy specifically related to the
$20.00/hour custodial fee and whether or not it would be on an as need basis. Mr.
Mahoney replied by reading Section 15.A of the draft policy "if anon-governmental
event is held before or after normal business hours, and normal business hours are
8:00 a.m. until 5:00 p.m., then custodial services will be arranged for and paid at the
rate of $20.00 an hour."
Chairman Church then stated the Board has held several work sessions
concerning this issue and the main concern from everyone, especially from a large
number of citizens, is that the protection of the investment paid for by the citizens
themselves, with four floors of elevators and sophisticated equipment, security of the
building must be accomplished.
Supervisor Altizer indicated at the appropriate time he would make a
motion to approve this item, but would like the Board to consider adding to the policy
that if a police officer was unable to attend the meeting, that fee should be refunded and
the meeting could still be held. He was open for discussion regarding waiving the
janitorial fees if they were not needed.
Chairman Church indicated that Supervisor Altizer's points were made
and he is in agreement with the suggested changes.
Supervisor Flora indicated that perhaps the Board could set the rental at
268 ~uiy 27, Zoe o
$50.00, which is the two hour minimum, and require a deposit that can be refunded.
Supervisor Moore concurred with the suggestion and advised that the
police officer should also be responsible for the headcount.
Supervisor Elswick indicated that he is in agreement and wished to move
forward.
Chairman Church asked if Supervisor Altizer would yield to the Chair to a
substitute motion that will concur with the suggestions outlined, with Supervisor Altizer
stating that he had not officially made a motion and therefore would yield to the
Chairman.
Chairman Church moved to approve the revised policy with the following
amendments: the $20.00/hour custodial fee will be held in abeyance and refunded after
the meeting unless it is deemed to be necessary and if the off-duty police officer is
unable to attend the meeting, then the user fee shall be refunded and the meeting may
still be held. The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
ROANOKE COUNTY BOARD OF SUPERVISORS MEETING ROOM
RENTAL AND USE POLICY
Roanoke County Administration Center (RCAC) Telephone: 540-772-2005
5204 Bernard Drive, Roanoke, VA 24018 Fax: 540-772-2193
P. O. Box 29800, Roanoke, VA 24018-0798 E-mail: bos@roanokecountyva.gov
1. Permitted Uses (in order of priority) and Fee Schedule:
A. Board of Supervisors of Roanoke County -No Fee
B. Roanoke County: departments, employees conducting
County business, agencies, committees and commissions
(application required) -No Fee
C. State and Federal Government: officials and agencies -No Fee
D. Non-governmental: civic, cultural, political, homeowner's
associations and religious and educational groups
(application required) -No Fee
E. If any non-governmental use extends beyond 10:00 p.m.,
an additional per hour fee will be charged. -$50/hour
2. Prohibited Uses:
A. Commercial uses
B. Fund-raising uses
3. No smoking, tobacco products, alcoholic beverages, drinks or food are allowed.
Non-governmental users shall be required to clean the room after use and to
deposit all trash in the outside dumpster.
~uiy 27, Zoe 0 269
4. No fires, flames, or burning of any material is permitted in the meeting room.
5. Animals are not permitted in the meeting room, with the exception of guide or
companion animals.
6. Permission to use a specific area does not give the user the right to any other
areas in the building. User assumes responsibility for seeing that participants in
the rental are properly supervised. Children attending meetings with adults must
have adult supervision at all times. Thermostats are preset and are not to be
changed. Fire exits are clearly marked. The County reserves the right to refuse
the use of said facilities to any user who does not comply with the above
regulations.
7. Groups are not to charge admission or ask for donations at any meeting.
8. If required per above, an Application for Use must be completed as soon as
possible prior to the date of the event. Approval will be via letter or email.
9. Applications can be obtained by contacting the Clerk to the Board of Supervisors
at 772-2005 or bos@roanokecountyva.gov.
10. No organization outside of the Roanoke County government may use the name
or address of the RCAC as its official address or headquarters.
11. Organizations holding meetings assume responsibility for any damage to the
room or contents. The room must be left in a neat and orderly condition. If
additional cleanup is required, the organization will be notified and charged for
this service. The organization will indemnify and hold harmless Roanoke County
from any and all claims for damages or injuries arising out of the use of the Board
Meeting Room.
12. NO ONE will be permitted to be in the designated area of the Board of
Supervisors dais; or beyond the podium. (NO EXCEPTIONS). Absolutely no
attachments to the walls.
13. No additional furniture or equipment other than that situated in the Board Meeting
Room is to be used without approval. The room is to be used for
congregational seating only. The maximum room capacity is 105. The off-duty
County police officer is responsible for enforcing this maximum capacity limit.
14. Use of other equipment is considered a special request and permission must be
granted in advance.
15. Deposit/Security User Fees:
A. If anon-governmental event (1.D) is held before or after the normal
business hours of 8:00 a.m. to 5:00 p.m., custodial services will be
arranged for and paid to Roanoke County at the rate of $20.00/hour. This
fee will be refunded if custodial services to clean the room are not
required.
B. A user fee of $25.00/hour (2 hour minimum) will be required to pay for an
off-duty County police officer attending the meeting. If the off-duty County
police officer is unable to attend the meeting, then the user fee shall be
refunded and the meeting may still be held.
270
~uiy 27, Zoe o
C. Payments shall be made payable to Roanoke County and remitted to the
Clerk to the Board of Supervisors.
16. The person requesting use of the Board Meeting Room assumes the
responsibility for adherence to the Rental and Use Policy for the Board Meeting
Room. The responsible person, or a person specifically designated, shall be
present at all times during use of the room.
17. These rules are subject to change by the Roanoke County Board of Supervisors.
The County Administrator is authorized by the Board to develop rules and
regulations concerning the use, scheduling and operation of the Board Meeting
Room.
18. SPECIAL NOTE: The Roanoke County Board of Supervisors reserves the right
to alter or amend any previously approved or scheduled use of the Board
Meeting Room for governmental purposes.
19. Due to limited parking at the RCAC, use of the Board Meeting Room may be
denied based on the parking requirements of the requesting organization.
20. An application must be completed when a County employee is requesting use of
the room for a professional organization and custodial charges may be assessed
if the meeting is held after normal business hours.
II. Roanoke County Board of Supervisors Rental and Use Policy for other
RCAC Meeting/Training Rooms (located on the 4t" Floor of the RCAC)
1. Permitted Uses (in order of priority) and Fee Schedule
A. Board of Supervisors -No Fee
B. Roanoke County: Departments may be scheduled using -No Fee
GroupWise or by contacting the Executive Secretary for
the County Administrator at 540-772-2004 or
tcochran(a~roanokecountyva. qov
C. Agencies, committees, and commissions -No Fee
(application required)
D. Joint training sessions with other local governments, -No Fee
State, and Federal agencies. (application required)
E. State and Federal government agencies which may -No Fee
conduct events or hearings that serve Roanoke
County residents. (application required)
2. No other uses are permitted.
3. An application will be required of all except the Board of Supervisors.
4. Applications can be obtained by contacting the Executive Secretary for the
County Administrator at:
Executive Secretary
County Administrator's Office
5204 Bernard Drive, P. O. Box 29800
Roanoke, VA 24018-0798
Phone: 540-772-2004
~uiy 27, Zoe 0 271
5. No organization outside of the Roanoke County government may use the
name or address of the RCAC as its official address or headquarters.
IN RE: PUBLIC HEARINGS AND ADOPTION OF RESOLUTION
1. Resolution approving the allocation of Revenue Sharing Funds
for fiscal year 2010-2011 (Philip Thompson, Deputy Director of
Planning)
Mr. Thompson outlined the proposed projects for fiscal year 2010-2011
and indicated no appropriation was required. There were no citizens to speak on this
item. There was no discussion.
RESOLUTION 072710-5 REQUESTING APPROVAL AND
ADOPTION OF THE REVENUE SHARING PROJECTS AND
FUNDS FOR THE FISCAL YEAR 2010-2011
WHEREAS, the Board of Supervisors at a work session on July 13, 2010,
reviewed the projects identified in Roanoke County Revenue Sharing Program for fiscal
year 2010-2011; and
WHEREAS, the Board of Supervisors desires to submit an application for an
allocation of funds of up to $500,600 through the Virginia Department of Transportation
fiscal year 2010-2011, Revenue Sharing Program; and
WHEREAS, $500,600 of these funds are requested to fund the projects identified
in the Roanoke County Revenue Sharing Program for fiscal year 2010-2011.
NOW, THEREFORE, BE IT RESOLVED that Roanoke County Board of
Supervisors hereby approves the Revenue Sharing Project list for fiscal year 2010-2011
and supports this application for an allocation of $500,600 through the Virginia
Department of Transportation Revenue Sharing Program.
AND BE IT FURTHER RESOLVED that the County Administrator is authorized to
sign the Letter of Intent and appropriate funds ($500,600) for the fiscal year 2010-2011
Revenue Sharing projects.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
272
~uiy 27, Zoe o
Admin.
Road Proj. By County State
2008 Description of Estimated
Priority Name &
VPD Location: Length
Work: VDOT
Cost($) Match Match
Rte. #: (mi) or ~$~ ~$~
County
Drainage
Intersections improvements to
at include 140 feet of
Meadowlark 54" concrete pipe
Tanglewood
Road, Rte. and three
1 Drive Rte. 350
1564 & n/a structures. COUNTY 250 000 125 000 125 000
1566
Humming Drainage
Bird Lane, improvements to
Rte. 1567 include 1 drop inlet
& 60 feet of 54"
concrete i e.
Preliminary
engineering to
include surveying
From I-81 to of all features
Plantation Williamson along Plantation
2 Road, Rte. 15,000 Road Rte. 0.95 Road in COUNTY 120,000 60,000 60,000
115 11 preparation for
additional
ped/bike/vehicle
accommodations.
Pedestrian
accommodations
From I-81 to to include
Plantation Williamson pedestrian
3 Road, Rte. 15,000 Road Rte. 0.95 signalization at VDOT 100,100 50,100 50,000
115 11 Williamson Road
and at Friendship
Lane/Gander Way.
Drainage
Wildwood From SR 112 improvements to
4 Road Rte. 1 088 to NCL n/a include Drop Inlets VDOT 100 100 50 100 50 000
'
639 Salem. and Storm Sewer
at Haven Wildlife
Refuge.
Between
Landfair Langland Dr., Drainage
5 Drive Rte. 190 Rte. 1012 & n/a improvements to VDOT 100 100 50 100 50 000
'
1027 Dawnridge include 60 feet of
Drive, Rte. 36" concrete pipe.
1016
Hunting Drainage
6 Hills Drive,
1400 Intersection
n/a improvements to
VDOT
150,100
75,100
75,000
Rte. 1541 w/ Rte. 220 include replacing
existin 48" CMP.
From I-81, to Drainage
Fort Lewis
Cherokee improvements to
7 Church Rd., 2500
Hills Dr., Rte. n/a include drop inlets, VDOT 100,100 50,100 50,000
Rte. 777
1161 paved ditch and
storm sewer.
~uiy 27, Zoe 0 273
Widen roadway to
Mill Creek
From Rte.711 18'. Surface
8 Rd. Rte.
8 40
to Dead End. 0.50 treatment and VDOT 80 100 40 100 40 000
89 grade roadside
ditches.
Total: 500,600 500,000
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCE
1. Ordinance authorizing the vacation of an unimproved right-of-way
shown as Rockingham Boulevard identified on the map of
Rockingham Court in Plat Book 2, page 84, Vinton Magisterial
District (Philip Thompson, Deputy Director of Planning)
Mr. Thompson advised utilities have been notified and there are no
objections, no changes were made since the first reading and there is no fiscal impact.
No citizens spoke on this item and there was no discussion.
ORDINANCE 072710-6 AUTHORIZING THE VACATION OF AN
UNIMPROVED RIGHT-OF-WAY SHOWN AS ROCKINGHAM
BOULEVARD IN PLAT BOOK 2, PAGE 84, OF THE ROANOKE
COUNTY CIRCUIT COURT CLERK'S OFFICE, SAID RIGHT-OF
WAY LOCATED IN THE VINTON MAGISTERIAL DISTRICT
WHEREAS, the map of Rockingham Court recorded in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, in Plat Book 2, page 84, established a street
designated as Rockingham Boulevard of variable width and connecting Yellow
Mountain Road (Route 668) with Lewis Road (Route 776), located adjacent to Lot 2
(Tax # 89.03-04-14.00) Plat Book 2, page 84; Tract E (Tax # 89.03-04-15.00) Plat Book
2, page 84; Lot 2 (Tax # 89.03-04-16.01) Plat Book 2, page 194; another Lot (Tax #
89.03-04-16.00) and a parcel of 2.94 acres (Tax # 89.03-04-17.00); and
WHEREAS, the area designated and set aside for public use as Rockingham
Boulevard on Plat Book 2, page 84 has never been improved or accepted into the
Virginia State Secondary Road System; and
WHEREAS, the property owners of Lot 2 (Tax # 89.03-04-14.00) and Tract E
(Tax # 89.03-04-15.00) have requested the vacation of this unimproved portion of the
variable width right-of-way so as to permit these property owners to make
improvements to their residential properties; and
WHEREAS, the above described Rockingham Boulevard is more clearly
indicated as "Portion of Road To Be Combined W/Tax # 89.03-04-14.00" and "Portion of
Road To Be Combined W/Tax # 89.03-04-15.00" on "PLAT SHOWING PORTION OF
ROCKINGHAM BLVD. - TO BE VACATED BY BOARD OF SUPERVISORS OF
274 ~uiy 27, Zoe o
ROANOKE COUNTY, VIRGINIA", dated 6-29-2010, prepared by Roanoke County
Department of Community Development and attached hereto as Exhibit "A"; and
WHEREAS, no other property owner will be affected by the vacation of this
undeveloped portion of said Rockingham Boulevard and that its current existence
imposes an impediment to the adjoining property owners making improvements to their
properties adjoining this previously dedicated but unimproved street; and
WHEREAS, the adjoining property owners and residents of Roanoke County, as
the Petitioners, have requested that, pursuant to Section 15.2-2272 of the Code of
Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia,
vacate this right-of-way, designated as "Rockingham Boulevard" on the plat of
Rockingham Court, Plat Book 2, page 84, as now shown on the attached Exhibit "A";
and
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection; and
WHEREAS, notice has been given as required by Section 15.2-2204 of the Code
of Virginia (1950, as amended); and
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 July 13, 2010, and a second
reading and public hearing of this ordinance was held on July 27, 2010.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the subject real estate (Rockingham Boulevard, a variable width street and
approximately 650 feet in length) is hereby declared to be surplus and the nature of the
interests in real estate renders it unavailable for other public use.
3. That this street, Rockingham Boulevard, being designated and shown as
"Portion of Road To Be Combined W/Tax # 89.03-04-14.00" and "Portion of Road to Be
Combined W/Tax # 89.03-04-15.00" on Exhibit "A" attached hereto, said street being
located adjacent to Lot 2 (PB 2, page 84) and Tract E (PB 2, page 84), in the Vinton
Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to
Section 15.2-2272 of the Code of Virginia,1950, as amended.
4. That all costs and expenses associated herewith, including but not limited to
publication, survey and recordation costs, shall be the responsibility of the Petitioners.
5. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish the provisions of this ordinance, all of which shall be on form
approved by the County Attorney.
6. That this ordinance shall be effective on and from the date of its adoption, and
a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of
Virginia (1950, as amended).
~uiy 27, 2010 275
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Moore thanked Mike Ruth, who has single handedly mowed
the medium from Starkey Road all the way to Colonial Avenue and she believes he is
headed for the Salem City limits. She thanked him for taking the project on and keeping
Roanoke County more beautiful.
Supervisor Church thanked the Glenvar community, Staff, Arnold Covey
and his entire Staff and Philip Thompson and his planners for taking the time to be with
the many citizens that attended the Glenvar Community meetings. There were over a
hundred citizens at one time. He also thanked Mr. Goodman, Mr. O'Donnell and
Economic Development for being in attendance. He feels things are progressing along
in a positive way. Additionally, Chairman Church thanked Mrs. Ham again, stating that
the Board is happy it could honor her tonight and they appreciate all she has done. He
also thanked Mr. and Mrs. Holt for being in attendance.
IN RE: ADJOURNMENT
Chairman Church adjourned the meeting at 7:43 p.m.
Submitted by: Approved by:
~~~ ~ Il /I~~(/~~ ~ LPL./
Becky R. Me or ~Josep B. "Butch" Church
Clerk to the Board Chairman
.~
276
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