HomeMy WebLinkAbout10/26/2010 - RegularOctober 26, 2010 415
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 October 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. The roll call
was taken.
MEMBERS PRESENT: Chairman Joseph B. "Butch" Church, Supervisors Richard C.
Flora and Charlotte A. Moore
MEMBERS ABSENT: Supervisors Altizer and Elswick
Chairman Church announced Supervisor Altizer was ill and
Supervisor Elswick had family matters to attend.
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; Teresa Hamilton Hall, Director of Public
Information; Deborah C. Jacks, Deputy Clerk to the Board
IN RE: OPENING CEREMONIES
The invocation was given by Pastor Jared Walters of New Century
Community Church. The Pledge of Allegiance was recited by all present.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of Robert Suchinski - an artist visiting the Roanoke
area from Roanoke County's Sister City Opole, Poland (Teresa
Hamilton Hall, Director of Public Information)
In attendance was Mr. Robert Suchinski from Opole, Poland and Ms.
Rhonda Hale with the Arts Council of the Blue Ridge. Ms. Hale explained that the Arts
416 October 26, 2010
Council in partnership with the Roanoke Valley Sister Cities is presenting Artview:
"Visions and Voices" a contemporary international art exhibition. An artist from each of
the Roanoke Valley's seven Sister Cities was invited to participate. Mr. Suchinski is one
of the artists selected to participate. Mr. Suchinkski was presented an honorary
Certificate of Citizenship.
IN RE: FIRST READING OF ORDINANCES
1. Ordinance amending ordinance number 052510-7 by providing for
the use of appropriations from the School Board year-end
balance (Diane Hyatt, Assistant County Administrator)
There was no discussion. Supervisor Church moved to approve the first
reading and scheduled the second reading for November 16, 2010. The motion carried
by the following recorded vote:
AYES: Supervisors Moore, Flora, Church
NAYS: None
ABSENT: Supervisors Altizer, Elswick
IN RE: SECOND READING OF ORDINANCES
1. Ordinance approving a lease with the Commonwealth of Virginia
Department of Juvenile Justice Services (Anne Marie Green,
Director of General Services)
Ms. Green advised there were no changes from the first reading of this
ordinance. There was no discussion.
ORDINANCE 102610-1 AUTHORIZING AND APPROVING
EXECUTION OF A LEASE AGREEMENT WITH THE
COMMONWEALTH OF VIRGINIA DEPARTMENT OF CRIMINAL
JUSTICE FOR OFFICE SPACE IN THE COURT SERVICES
BUILDING AT 400 EAST MAIN STREET, SALEM, VIRGINIA,
OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner
of an office building located at 400 East Main Street directly across the street from the
Roanoke County Courthouse and known as the Court Services Building; and
October 26, 2010 417
WHEREAS, the Commonwealth of Virginia Department of Juvenile Justice (DJJ)
has requested the lease of office space in the Court Services Building for use by the
Regional Operations Manager for the Western Region; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition or conveyance of an interest in real estate, including leases, shall be
accomplished by ordinance; the first reading of this ordinance was held on October 12,
2010; and the second reading was held on October 26, 2010.
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That lease of approximately 224 square feet of office space in the Court
Services Building located at 400 East Main Street, Salem, Virginia, to the
Commonwealth of Virginia Department of Juvenile Justice for use by the Regional
Operations Manager for the Western Region an initial lease term of two (2) years from
November 1, 2010, until October 31, 2012, at an initial rental of $175 per month or
$2100 per year, said term becoming month to month at the end of the initial two year
term is hereby authorized and approved.
2. That the County Administrator or an Assistant County Administrator is
hereby authorized to execute a lease agreement on behalf of the Board of Supervisors
of Roanoke County and to execute such other documents and take such further actions
as are necessary to accomplish this transaction, all of which shall be upon form and
subject to the conditions approved by the County Attorney.
3. That the funds generated by this lease shall be placed in the General
Services Facility Management Account for payment of utility and custodial costs.
4. That this ordinance shall be effective on and from the date of its adoption.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, Moore, Church
NAYS: None
ABSENT: Supervisors Altizer, Elswick
IN RE: CONSENT AGENDA
RESOLUTION 102610-2 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:
4 ~ 8 October 26, 2010
That the certain section of the agenda of the Board of Supervisors for October
26, 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 -October 12, 2010
2. Request to accept and appropriate funds in the amount of $2,000 to the
Roanoke County Public Schools for the driver education grant funds
3. Resolution canceling the 2011 Organizational Meeting of the Board of
Supervisors to be held on Monday, January 3, 2011, and rescheduling the
meeting for Tuesday, January 11, 2011
4. Entering into a revised Fire/EMS Mutual Aid Agreement with the County of
Franklin, Virginia
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Moore, Church
NAYS: None
ABSENT: Supervisors Altizer, Elswick
RESOLUTION 102610-2.b CANCELING THE 2011
ORGANIZATIONAL MEETING OF THE BOARD OF
SUPERVISORS TO BE HELD ON MONDAY, JANUARY 3, 2011,
AND RESCHEDULING THE MEETING FOR TUESDAY,
JANUARY 11, 2011
WHEREAS, by Resolution 011210-1 the Board of Supervisors established a
meeting schedule for the 2010 calendar year which scheduled an organizational
meeting for Monday, January 3, 2011, at 10:00 a.m.; and
WHEREAS, due to a reduced agenda at the organizational meeting, the Board of
Supervisors desires to cancel this meeting scheduled to be held on Monday, January 3,
2011, and reschedule the meeting for Tuesday, January 11, 2011, at 1:00 p. m.
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County that this Board hereby cancels its organizational meeting scheduled for Monday,
January 3, 2011, and reschedules that meeting to Tuesday, January 11, 2011, at 1:00
p.m.
BE IT FURTHER resolved that the Clerk to the Board be, and hereby is directed
to post this resolution in a public location at which notices are regularly posted and in
the office of the Clerk to the Board. In addition, the Clerk is relieved of the obligation to
send each Board member written notice by registered mail of the cancellation of this
meeting.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
October 26, 2010 419
AYES: Supervisors Flora, Moore, Church
NAYS: None
ABSENT: Supervisors Altizer, Elswick
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
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 September 30, 2010
5. Accounts Paid -September 30, 2010
6. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances for the month ended September 30, 2010
7. Comparative Statement of Budgeted and Actual Revenues for the
month ended September 30, 2010
8. Report of Claims Activity for the Self-Insurance Program for the
quarter ended September 30, 2010
9. Quarterly Report -Community Development Activities
AYES: Supervisors Moore, Flora, Church
NAYS: None
ABSENT: Supervisors Altizer, Elswick
IN RE: CLOSED MEETING
At 3:19 p.m., Chairman Church moved to go into closed meeting pursuant
to the Code of Virginia as follows: (1) Section 2.2.3711.A.1, personnel, namely
discussion concerning appointments to the Community Development Authority, the
Economic Development Authority, the Grievance Panel and Roanoke Valley-Alleghany
420 October 26, 2010
Regional Comprehensive Economic Development Strategy Committee (2) Section 2.2-
3711.A.29, discussion of the terms or scope of a public contract involving the
expenditure of public funds where discussion in open session would adversely affect
the bargaining position or negotiating strategy of the County, namely an agreement
with the Virginia's First Regional Industrial Facility Authority. The motion carried by the
following recorded vote:
AYES: Supervisors Moore, Flora, Church
NAYS: None
ABSENT: Supervisors Altizer, Elswick
At 3:20 p.m., Chairman Church recessed to the 4t" Floor for work sessions
and closed meeting.
The closed meeting was held from 3:29 p.m. until 4:02 p.m.
IN RE: CERTIFICATION RESOLUTION
At 7:00 p.m., Chairman Church moved to return to open session and
adopt the certification resolution.
RESOLUTION 102610-3 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member's
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies; and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Moore, Church
October 26, 2010
421
NAYS: None
ABSENT: Supervisors Altizer, Elswick
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of Laura Bryant to obtain a Special Use Permit in a R-
1, Low Density Residential, District to acquire a multiple dog
permit for five (5) dogs on 1.005 acre, located at 4607 Fort Lewis
Church Road, Catawba Magisterial District (David Holladay,
Planning Administrator)
David Holladay advised that the Planning Commission voted five to zero
to approve this petition with the only condition being the multiple dog permit shall be for
a maximum of five (5) dogs. There was no discussion and no changes from the first
reading.
ORDINANCE 102610-4 GRANTING A SPECIAL USE PERMIT
FOR A MULTIPLE DOG PERMIT FOR FIVE (5) DOGS ON 1.005
ACRES, LOCATED AT 4607 FORT LEWIS CHURCH ROAD,
(TAX MAP No. 054.02-04-10.00-0000), CATAWBA
MAGISTERIAL DISTRICT, UPON THE PETITION OF LAURA F.
BRYANT
WHEREAS Laura F. Bryant has filed a petition for a special use permit for a
Multiple Dog Permit to allow five dogs at 4607 Fort Lewis Church Road, (Tax Map No.
054.02-04-10.00-0000 in the Catawba Magisterial District; and
WHEREAS the Planning Commission held a public hearing on this matter on
October 5, 2010; and
WHEREAS the Board of Supervisors of
reading on this matter on September 28, 2010;
on this matter was held on October 26, 2010.
NOW, THEREFORE, BE IT RESOLVED
County, Virginia, as follows:
Roanoke County, Virginia, held a first
the second reading and public hearing
by the Board of Supervisors of Roanoke
1. That the Board finds that the granting of a special use permit to Laura F.
Bryant for a Multiple Dog Permit for five dogs on 1.005 acres located at 4607 Fort Lewis
Church Road in the Catawba Magisterial District is substantially in accord with the 2005
Community Plan, as amended pursuant to the provision of Section 15.2-2232 of the
1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact
on the surrounding neighborhood or community, and said special use permit is hereby
approved with the following condition:
a. The Multiple Dog Permit shall be for a maximum of five (5) dogs.
422 October 26, 2010
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, Moore, Church
NAYS: None
ABSENT: Supervisors Altizer, Elswick
IN RE: APPOINTMENTS
Mr. Paul Mahoney advised the Board that during today's closed session;
appointments were made to the South Peak Community Development Authority. There
was no discussion.
RESOLUTION 102610-5 APPOINTING AUTHORITY BOARD
MEMBERS FOR THE SOUTH PEAK COMMUNITY
DEVELOPMENT AUTHORITY
WHEREAS, by Ordinance 082410-4 the Board of Supervisors created and
established the South Peak Community Development Authority (CDA); and
WHEREAS, this Ordinance provided for the appointment of an authority board to
exercise the powers of this CDA, as provided in Section 15.2-5113 of the Code of
Virginia; and
WHEREAS, the Board hereby intends to appoint these citizens to this authority
board to exercise the powers as provided in the Ordinance and in Chapter 51 of Title
15.2 of the Code of Virginia, and for the initial, staggered terms as herein provided; and
WHEREAS, upon the expiration or vacation of these initial terms of office, the
Board shall appoint members for terms of four years.
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County that this Board hereby appoints the following members of the South Peak
Community Development Authority:
1) Diane Hyatt 4 year term
2335 Circle Drive
Roanoke, VA 24018
2) Doug Chittum 4 year term
October 26, 2010 423
6313 Ran Lynn Drive
Roanoke, VA 24018
3) David 0. Williamson, Esq. 3 year term
5420 Peregrine Crest Circle
Roanoke, VA 24018
4) Dan O'Donnell 2 year term
3621 Overbrook Drive
Roanoke, VA 24018
5) Brownie E. Polly 2 year term
3712 Peakwood Drive
Roanoke, VA 24014
The Board of Supervisors may remove at any time, without cause, any member
appointed by it and may appoint a successor member to fill the unexpired portion of the
removed member's term.
BE IT FURTHER resolved that the Clerk to the Board be, and hereby is directed
to send a copy of this Resolution to each of the individuals named herein.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Moore, Church
NAYS: None
ABSENT: Supervisors Altizer, Elswick
Supervisor Flora added that he had a comment with regard to the
Community Development Authority. He advised he opposed the creation of the South
Peak Community Development Authority, however was in support of the appointments
made to the Authority.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Moore thanked Invisible Fence for donating thirteen (13) pet
oxygen masks to Roanoke County Fire and Rescue. She stated these masks will
enable each station in Roanoke County to take care of our pet families. She also
congratulated Roanoke City Parks and Recreation and the Greenway Commission for
opening up another bridge over the river that adjoins our greenways.
Supervisor Church stated that he was also in attendance this morning at
the Clearbrook Fire and Rescue station where a demonstration was given of an unusual
424 October 26, 2010
item, oxygen mask kits for cats and dogs. He stated it is a very valuable tool to help
protect animals, as we have a petition here tonight for a group of dogs. Pets are really
members of our family and it was very much appreciated that Invisible Fence came to
the Roanoke County Fire and Rescue. It was a good event, it was a very positive event
and hopefully Roanoke County can take better care should disaster happen to further
protect our pets.
IN RE: ADJOURNMENT
Chairman Church adjourned the meeting at 7:08 p.m.
u dnitted by: Approved by:
-~ ~~ ~k ~
D orah C. Jack 'Jos h B. "Butch" Church
Deputy Clerk to the Board Chairman
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