HomeMy WebLinkAbout12/14/2010 - RegularDecember 14, 2010
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the only
regularly scheduled meeting of the month of December 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
was taken.
Chairman Church called the meeting to order at 3:00 p.m. The roll call
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; Joseph B. Obenshain,
Senior Assistant County Attorney; Deborah C. Jacks, Clerk
to the Board
IN RE: OPENING CEREMONIES
The invocation was given by Pastor Pete Schemm of Cave Spring Baptist
Church. 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 under New Business to discuss
granting an additional Christmas Holiday on Thursday, December 23, 2010.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Dr. Betty R. McCrary, Director
450 December 14, 2010
of Social Services, upon her retirement after more than thirty -
seven years of service
Dr. Betty McCrary and her husband Rick were in attendance to accept her
resolution and receive a Roanoke County quilt. Joyce Earl who will be the new Director
of Social Services was also in attendance. All Supervisors thanked Dr. McCrary for her
service.
RESOLUTION 121410 -1 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
DR. BETTY R. MCCRARY, DIRECTOR OF SOCIAL SERVICES,
UPON HER RETIREMENT AFTER MORE THAN THIRTY -SEVEN
YEARS OF SERVICE
WHEREAS, Betty R. McCrary was hired on September 10, 1973, as a social
worker for the Roanoke County Department of Social Services and was promoted to
Supervisor on July 1, 1977; on February 1, 1992, she was promoted to her current
position as Director of Social Services; and
WHEREAS, Dr. McCrary will retire on January 1, 2011, after thirty -seven years
and three months of devoted, faithful and expert service with the County always
promoting the preservation of families, individual self- sufficiency and permanence for
children; and
WHEREAS, during her time serving Roanoke County's Department of Social
Services, Dr. McCrary has provided clinical counseling for The Manassas Group, has
been licensed as a Professional Counselor and Marriage and Family Therapist, has
become certified by the Supreme Court of Virginia as a Juvenile and Domestic
Relations and Circuit Court Family Mediator, has served on the Board of Directors for
Youth Haven I, II and Sanctuary, has served on the Roanoke County and City of Salem
Community Policy and Management Team, served as the Piedmont Regional
Coordinator for Welfare Reform Initiative for the Virginia Department of Social Services,
was elected to The Blue Ridge Institute for Southern Community Services Executives,
served on the Child Welfare Advisory Committee for the Virginia Department of Social
Services, served on the Board of Directors of the Conflict Resolution Center, served as
trainer /consultant for Cardinal Justice Academy, the Court Appointed Special Advocate
Program and for the Virginia Department of Social Services and other professional
groups and enthusiastically collaborated with community and State partners in the
development of innovative services and program for individuals and families; and
WHEREAS, in 1990 Dr. McCrary received the National Association of Counties
Achievement Award for development of the Custody Mediation Program for Roanoke
County Juvenile and Domestic Relations Court; and
WHEREAS, in 2008 received the Salem Kiwanis Humanitarian of the Year.
December 14, 2010 451
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to DR. BETTY R. McCRARY for more than thirty -seven
years of capable, loyal and dedicated service to the citizens and staff of Roanoke
County and the City of Salem; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
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. Recognition of the Fire and Rescue Department for receiving the
2010 Governor's Award for Outstanding Emergency Medical
Services (EMS) Agency (Richard E. Burch, Jr., Chief of Fire and
Rescue)
In attendance for recognition were the following Fire and Rescue
personnel: Division Chief Dustin Campbell; EMS Battalion Chief Billy Duff; EMS
Captains Barry Hurley, Jeff Lawson and Craig Robertson; Battalion Chief Tom Bier;
Captain Regan Underwood; FF /EMT Kevin McGiney; FF /EMT Paul Kipley;FF /EMT
Kevin Harbour; Paramedic /FF Kenneth Malloch.
Also in attendance was Rob Logan, the Executive Director of Western
Virginia Emergency Medical Council, who spoke of his high regard for the EMS
Department and their leadership.
Chief Burch stated he was extremely proud of his EMS personnel and
remarked this award was recognition of their administrative procedures, patient care,
relationships with hospitals, both locally and in surrounding counties. All Supervisors
congratulations the EMS group for a job well done.
3. Recognition of the Department of Economic Development for
being designated as an Accredited Economic Development
Organization (AEDO) by the International Economic Development
Council (IEDC) (Douglas Chittum, Director of Economic
Development)
Mr. Chittum gave a brief explanation of this accreditation. All Supervisors
thanked Mr. Chittum and his department for their dedication and hard work.
IN RE: BRIEFINGS
452 December 14, 2010
1. Briefing on the results of the 2011 Real Estate Valuation general
reassessments (Billy Driver, Director of Real Estate Valuation)
Mr. Driver gave a PowerPoint presentation describing the results of the
2011 real estate valuation general reassessments. A copy of this presentation is on file
in the office of the Clerk to the Board of Supervisors,
Supervisor Elswick advised an article in the newspaper stated the
State requires residences to be assessed at one hundred percent of market value. He
further stated that he believes Roanoke County is at ninety -three percent (93 %). Mr.
Driver responded in the affirmative clarifying it was Roanoke County's recent 2009
preliminary from the State Department of Taxation, which indicated that the County was
at ninety -three percent (93 %). Supervisor Elswick asked "are we breaking the law
because we are not one hundred percent (100 %) ?" Mr. Driver indicated Roanoke
County is close to the one hundred percent for our locality and if you look at statistics
Roanoke County would be at one hundred percent in most cases. Mr. Driver further
explained staff is working on historical data, and if you were over one hundred percent,
there would be a lot of assessments over that and basically he feels there would be
more problems with being over one hundred percent (100 %) than at ninety -three
percent (93 %). Mr. Elswick responded that Mr. Driver had "lost" him and asked if Mr.
Driver knew what that percentage was to market value ten years ago or reasonably
close? Mr. Driver indicated that recently in 2007, Roanoke County was at eighty -five
percent (85 %) and in 2008 eighty -nine percent (89 %). Mr. Elswick then asked if Mr.
Driver knew why the County has gone from eighty -five to ninety -three percent (85 to
93 %). Mr. Driver responded that one of the reasons was during the heating up of the
market and based on historical sales, no sooner than Roanoke County had a general
reassessment, things were appreciating at such a rate the County could not keep up.
Additionally, Mr. Driver explained when doing the reassessments staff thought the
County was at ninety percent (90 %). He indicated that when the reassessment was
completed, more sales came in and showed the County was less than ninety percent
(90 %) for the State ratio, but generally after the 2009 general reassessment was done,
things started to slow down a little bit. Furthermore, he advised there was the addition of
the new software system that was being incorporated at the time and not only did it help
with the slowing of the market, but also with uniformity. Roanoke County dropped over a
percent with uniformity, which basically measures how equal the County is in measuring
our assessments between one classification or in between neighborhoods.
Chairman Church asked for clarification, stating under the relief for the
elderly and disabled, don't those numbers exclude your home and one acre of land, with
Mr. Driver responding in the affirmative. Supervisor Church explained that means he
believes the County is being more than fair with the elderly and disabled. Supervisor
Church encouraged these citizens to take advantage and see if they qualify.
Chairman Church stated that this was a bittersweet situation, meaning the
County does not have much of an assessment increase, which results in lack of
December 14, 2010 453
revenue, but if the County were up six to eight percent (6 to 8 %), the room would be full
of angry citizens. Chairman Church stated that these things have to be taken as they
come, and he believes Mr. Driver's staff recognizes what is happening. He stressed to
Mr. Driver that the Board appreciates his hard work further stating that it is not easy
times going on right now not only in Roanoke County but all across the Country.
2. Presentation of Roanoke County Community Leaders
Environmental Action Roundtable (RC CLEAR) plan for
expenditure of EECBG stimulus grant funds (Anne Marie Green,
Director of General Services; Nell Boyle, Chairman of RC CLEAR)
Ms. Green explained that this presentation was on the $50,000 stimulus
grant that RC CLEAR had received and turned the meeting over to Nell Boyle.
Ms. Boyle outlined the plan for these funds indicating that education is
the key component. The first six months were spent in educating each other and the
next nine months to put together an overall plan. Ms. Boyle indicated the majority of
work is in educating the citizens. She further stated they are promoting energy
efficiency in the home with energy audits and have prepared tool kits for homeowners.
Ms. Green provided each Board member with an energy- efficient night light. Supervisor
Moore thanked Ms. Boyle for her service.
Supervisor Elswick advised that he appreciated what RC Clear is doing
and emphasized what a tough job they have as habits have been ingrained for a long
time. Mr. Elswick pointed to the lights in the Board room and commented the 150 bulbs
burning were all not necessary, as the Board could probably do with fifty percent (50 %).
He advised that he had recently attended a meeting with people who were supposedly
green; they were putting mercury bulbs in their location. He stated the conference room
where the meeting was held contained 40 watt fluorescent lamps burning, two
incandescent lamps and a thermostat set at seventy degrees on a hot day. He
commented they did not realize, even though they were supposedly green they were
burning all that electricity. Supervisor Elswick commented that for RC Clear to attempt
to educate people to all of the things that would really result in energy efficiency is a
tough job. He further indicated that the easiest thing to do is to turn the lights off and
adjust the thermostat. He remarked that these types of things are so simple and do not
cost a thing and if we all did that and if there was some way to get us all to do it, we
would save thirty to forty percent (30 to 40 %) of our energy easily.
Supervisor Moore thanked Ms. Boyle for her service.
IN RE: NEW BUSINESS
454 December 14, 2010
1. Request to purchase one fire vehicle and appropriate funds in the
amount of $200,000 (Richard E. Burch, Jr. Chief of Fire and
Rescue)
I_QiPACI11&+
Chief Burch advised the Board the Catawba Volunteer Fire Department
would be providing $100,000 toward the purchase of a mini - pumper and introduced
Volunteer Chief Jerry Caldwell, advising that Chief Caldwell has been a volunteer for
thirty -three years.
Chief Caldwell addressed the Board concerning this opportunity and
thanked the Board for all of their assistance.
Chairman Church stated that this was not a small amount and agreed with
Chief Burch that due to the mountainous areas of Catawba, where there are a lot of
inclined driveways that a conventional vehicle cannot get to, the mini - pumper seems to
be the best fit. Chairman Church remarked that he hopes this Board would recognize
this opportunity.
Supervisor Moore thanked Chief Caldwell for his many years of service.
Supervisor Church moved to approve the request to purchase and
appropriate funds to purchase one fire vehicle. The motion carried by the following
recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
2. Request to appropriate $19,520 for the cost to hold the January
11, 2011, Special Election (Judith Stokes, General Registrar)
A- 121410 -3
There was no discussion. Supervisor Church moved to approve the
request to appropriate the funds for the January 11, 2011 special election. The motion
carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
3. Request to appropriate funds in the amount of $150,000 from
minor capital, re- appropriate $55,000 from the Capital
Improvement Incentive Fund and $95,000 from the Department of
Parks, Recreation and Tourism Fee Class Account to replace the
Walrond Park ball field lights (Pete Haislip, Director of Parks,
December 14, 2010 455
Recreation and Tourism; Marcus Odonez, Assistant Director of
Recreation)
A- 121410 -4
Mr. Haislip outlined to the Board the reason for the request and advised a
safety assessment had been done, which resulted in a report that the system had
outlived its useful life.
Mr. Odonez explained this lighting system is part of the Waldrond Park
master plan and indicated this project was a high priority item with the Capital
Improvement Program Review Committee. He further outlined it was their hope to save
eight to nine percent (8 to 9 %) in kilowatt usage with a newer system and to include a
remote system to make sure the lights are turned off.
Supervisor Moore requested that the use of solar lighting or some other
lighting alternatives be taken into consideration when looking at the new system.
Supervisor Flora moved to approve the request to appropriate funds to
replace the Waldrond Park ball field lights. The motion carried by the following recorded
vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
4. Request for a transfer of $175,300 from fiscal year 2011
Community Policy and Management Team Funds to Roanoke
County Schools to support continuation of school based
programming no longer eligible for State reimbursement through
the Comprehensive Services Act (Daniel R. O'Donnell, Assistant
County Administrator)
A- 121410 -5
In attendance with Mr. O'Donnell were Dr. Jessica McClung from Roanoke
County Schools and Ms. Patience O'Brien, Community Services Coordinator.
Mr. O'Donnell gave a brief outline of the need for the transfer.
Supervisor Elswick remarked that this is not the first example of where the
State requires something be done and initially funded it only to advise the County to
keep doing it, but without any funds.
456 December 14, 2010
Dr. McClung advised these programs had been funded since 1988. She
noted the success rate was higher when these types of programs are utilized versus
sending children outside of the public school system.
Supervisor Elswick inquired of Mr. Goodman and Mr. Mahoney concerning
the possibility of writing a letter of objection to the State. Mr. B. Clayton Goodman,
County Administrator responded by advising staff would be glad to send a letter, but this
has been an ongoing pattern for the last ten years, if not more. He further added the
Virginia Association of Counties (VACO), which represents towns, cities and counties
has repeatedly through their legislative lobbying efforts sought any additional unfunded
mandates, which has been unsuccessful. He added for our constitutional officers, the
cost has shifted to the local governments or give up the service. In those areas, funding
has been decreased over a period of time, not only this program but other programs.
He reiterated staff will be glad to draft a letter for the Board at the next meeting so it can
be sent to the general assembly to discuss. Mr. Goodman further explained last year
the State was talking about capping the State funding for CSA and they did not change
any of the mandates, which means that local governments would have to pick up much
more of the cost. He advised through the lobbying effort of the Virginia Municipal
League this did not occur, but there are always those efforts out there. Mr. Goodman
advised that staff would draft something for presentation to the Board at a future
meeting and go from there.
Supervisor Elswick asked if VACO really helps the County in this regard
with Mr. Goodman responding that VACO is constantly lobbying on behalf of Counties,
because of our unique relationship with the Commonwealth. They try to represent our
interests in a very positive manner, but due to budgetary problems the State has
encountered, they have to reduce the budget and there are a number of items
mandated by the federal government. Unfortunately, Mr. Goodman explained that since
they have those mandates they have to meet for the federal government first then they
turn to look at local government where there is a lot of funding that has a possibility of
being cut.
Mr. O'Donnell inquired if the Board remembered last fiscal year, VACO
and Virginia Municipal League (VML) both led the charge to fight the State from capping
the CSA funds and were successful. He stated he feels it will probably be discussed
again this year, so staff will need to be vigilant.
Mr. Goodman stressed the key thing for the public to understand is that
the County is trying to provide services to their children in the community; trying to keep
them in our school system and our community. Without this type of program, the
County will need to rely on other types of programs that tend to send these children to
out -of -state services, which are not only very costly, but also will remove them from the
community and their families. He reiterated Roanoke County has not supported this
action because staff wants our children to stay in the community and to be worked with
within the community so we can work with the families and the children to ensure they
are properly provided care and services.
December 14, 2010 457
Supervisor Flora inquired if this program identified approximately one
hundred (100) students previously that required this service and does the continuation
provide service to the same one hundred (100) students as previously identified? Dr.
McClung responded affirmatively and stated in the budget process last year and again
in April the State came up with this new interpretation, the schools have assumed the
majority of these programs already with budget cuts and cuts in the schools. This
amount was the remainder of last year that could not be covered within that year.
Mr. O'Donnell clarified there were several programs, one that could not in
the time frame outlined, shift everything into the school district, so it was kept in CSA,
but some other things shifted. He further advised the liability could have been over
$700,000. If you look at last year's budget, a lot of these things were moved over to
schools in anticipation this might happen, because some advance warning was given,
but the final determination did not come out until November, so there was potential
liability in the budget process last year that was dealt with.
Supervisor Flora inquired if the one hundred students were provided
services by private contractors here in the Valley with Mr. O'Donnell responding in the
affirmative, through the Community Services Board employees within the school
system. Supervisor Flora then asked if these students would be able to remain in their
home school or will they be put into special programs and bused to specific locations?
Dr. McClure responded at this point, the plan is to keep the children in the home
schools; as part of the benefit of the programs currently in place with the day- treatment
program, a lot of work is done with families. She indicated there is no obligation to do
some of the outside the school day services that were in place, however, when families
fall apart, children fall apart. So, the hope is to try to maintain them, but there is a good
chance there will be an increase in the number of private school placements. She
further emphasized, if that is the case, it is more costly for the County side as well as
the school side and there is not as much success in bringing those children back into
the schools.
Supervisor Flora stated he has known of students that have been placed
into residential placement, outside of Virginia, which $175,000 might cover their one -
year's cost, providing this program to a hundred students or conceivably if it were
reversed only one student could consume that total amount or very close to it.
Supervisor Flora moved to approve the request to transfer funds from the
Community Policy and Management Team to Roanoke County Schools. The motion
carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
5. Resolution in support of the designation of The Wilderness Road:
Virginia's Heritage Migration Route from Winchester to
Cumberland gap (including the Daniel Boone Wilderness Trail),
458 December 14, 2010
and the two applicable spurs: the Carolina Road and the
Fincastle /Cumberland Gap Turnpike, as Virginia byways and
National byways (B. Clayton Goodman III, County Administrator)
Mr. Goodman introduced Landon Howard, Executive Director and
Catherine Fox, Director of Tourism and Communications from the Roanoke Valley
Convention and Visitors Bureau. Mr. Howard outlined for the Board that the support
resolution will allow, among other things, the application for byways funds. There was
no discussion.
RESOLUTION 121410 -6 IN SUPPORT OF THE DESIGNATION OF
THE WILDERNESS ROAD: VIRGINIA'S HERITAGE MIGRATION
ROUTE FROM WINCHESTER TO CUMBERLAND GAP
(INCLUDING THE DANIEL BOONE WILDERNESS TRAIL), AND
THE TWO APPLICABLE SPURS: THE CAROLINA ROAD AND THE
FINCASTLE /CUMBERLAND GAP TURNPIKE, AS VIRGINIA
BYWAYS AND NATIONAL BYWAYS
WHEREAS, from 1775 to 1810, an estimated 300,000 settlers traveled through
Virginia to the Cumberland Gap. This migration and western movement is a significant
event in Virginia history and to the development of the United States of America. Today,
an estimated 43 million Americans can trace their ancestors to the migration through
Virginia along the Wilderness Road: Virginia's Heritage Migration Route; and
WHEREAS, the historical migration of early settlers and pioneers to Virginia
followed closely to what is now Route 11, 58 and 23 from Winchester to Cumberland
Gap (including the Daniel Boone Wilderness Trail — Route 58 from Moccasin Gap to
Cumberland Gap), but also followed other "spur" migration routes such as the Carolina
Road along Route 220 and the Fincastle Turnpike along Routes 42, 61 19 460 71 and
72; and
WHEREAS, these migration routes are now being developed as driving
routes /trails to preserve, interpret and promote the history, heritage and culture of the
early pioneer settlement and migration through Virginia, and the role that Virginia
played in the migration of settlers through Virginia and to other states of our growing of
the nation; and
WHEREAS, the Wilderness Road organization has been formed as a recognized
non - profit organization under the leadership and guidance of the Virginia Tourism
Corporation, in partnership with tourism representatives from 28 tourism localities and
12 state /federal partners, to develop and promote the driving route of the Wilderness
Road: Virginia's Heritage Migration Route, and spurs known as the Carolina Road, and
the Fincastle /Cumberland Gap Turnpike, connecting with the Daniel Boone Wilderness
Trail, and individual community loops for each locality; and
December 14, 2010 459
WHEREAS, the mission of the Wilderness Road organization is to develop a new
tourism product to increase economic growth and tourism spending in the region. The
purpose of the organization is to promote The Wilderness Road. Virginia's Heritage
Migration Route from Winchester to Cumberland Gap in a way that preserves and
interprets the heritage of the migration era from the 1700s to the mid 1800s, to increase
tourism visitation and economic impact of tourism spending; and
WHEREAS, the Commonwealth of Virginia has recognized the driving route as
The Wilderness Road. Virginia's Heritage Migration Route, which shall not affect any
other designation heretofore or hereafter applied to this route or any portions thereof;
and
WHEREAS, there are more than 2,700 miles of roads designated as Virginia
Byways, to help attract visitors and support economic development through tourism,
and the Virginia Department of Transportation (VDOT), the Virginia Tourism Corporation
(VTC), the Virginia Department of Conservation and Recreation (DCR) and the
Commonwealth Transportation Board (CTB), encourages local governments to
nominate roads for Virginia Byway designation.
WHEREAS, the United States Secretary of Transportation recognizes certain
roads (including multi- state) as All- American Roads or National Scenic Byways based
on one or more archeological, cultural, historic, natural, recreational and scenic
qualities, with the Wilderness Road: Virginia's Heritage Migration Route, (including the
Daniel Boone Wilderness Trail), and applicable spurs known as the Carolina Road, and
the Fincastle /Cumberland Gap Turnpike include each of these intrinsic qualities; and
WHEREAS, the National Scenic Byways Program is part of the U.S. Department
of Transportation and Federal Highway Administration, and the program is a grass -roots
collaborative effort established to help recognize, preserve and enhance selected roads
throughout the United States; and
WHEREAS, since 1992, the National Scenic Byways Program has provided
funding for almost 1500 state and nationally designated byway projects in 48 states.
THEREFORE BE IT RESOLVED, that Roanoke County expresses its support to
the Virginia Department of Transportation and the General Assembly of the
Commonwealth of Virginia to provide Virginia Byway designation of the Wilderness
Road: Virginia's Heritage Migration Route (including the Daniel Boone Wilderness Trail),
and the Fincastle Turnpike and Carolina Road spur routes; and
BE IT FURTHER RESOLVED, that Roanoke County expresses its support to the
U.S. Department of Transportation, Federal Highway Administration, and United States
Secretary for National Byway Designation of the Wilderness Road: Virginia's Heritage
Migration Route (including the Daniel Boone Wilderness Trail) , and the spur Fincastle
Turnpike and Carolina Road routes; and
FINALLY BE IT RESOLVED, that Roanoke County fully supports the efforts of
the Wilderness Road organization to develop and promote the Wilderness Road:
Virginia's Heritage Migration Route (including the Daniel Boone Wilderness Trail), and
460 December 14, 2010
the spur Fincastle Turnpike and Carolina Road routes, as Virginia Byway(s) and
National Scenic Byway(s).
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
6. Approval of an agreement with Botetourt County to terminate a
revenue sharing agreement for the Jack Smith Industrial Park and
appropriation of the balance needed of $382,632.72 (Paul M.
Mahoney, County Attorney)
Fill PAElI[I31
Mr. Mahoney outlined the following three reasons for requesting the
termination of the revenue sharing agreement with Botetourt County. The first is the
payment to Botetourt County which represents the present value of the revenues
generated from the County side of the park. Second is to provide for the sale of a 15
acre tract of land. Finally, sale of the library, which will be discussed further in the
meeting. Mr. Mahoney explained that the current economic circumstances have
changed dramatically since the late 1980's, which was when this agreement was
reached. Additionally, Botetourt has indicated they would like to use this land for a
school.
Supervisor Altizer stated that this was a long process, but is being worked
out for the best for both localities.
Supervisor Altizer moved to approve the staff recommendation to
terminate the revenue sharing agreement for the Jack Smith Industrial Park and the
appropriation of the necessary funds. The motion carried by the following recorded
vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
7. Request to approve a resolution granting a waiver under Section
13 -23 of the Roanoke County Code to the provisions of the
County's noise ordinance — Article II. "Noise" of Chapter 13.
"Offenses- Miscellaneous" of the Roanoke County Code to
Howard Shockey & Sons and Counts & Dobyns — Buck Mountain
Road Improvement Project, Cave Spring Magisterial District
(Arnold Covey, Director of Community Development)
December 14, 2010 461
Mr. Covey outlined to the Board the reason for the request for the noise
ordinance waiver and advised the time frame would be from December 15, 2010
through February 28, 2011, and the request is due to the Virginia Department of
Transportation (VDOT) request that certain road construction be done within or effecting
the public right -of -way be incorporated into the roadwork currently being constructed by
Walmart.
In attendance were Travis Hall with Howard Shockey & Sons; William
Homiller with Troutman Sanders representing Walmart and Chris Dunnam from Counts
and Dobyns.
Supervisor Moore asked when the first waiver was granted back in June of
2010, why was the work not done while the weather was warm in connection with the
onsite work. Mr. William Homiller advised that it was his understanding the waiver
granted in June was actually granted to another developer and at that time it was a bit
premature for that work to be slated to be done in the summertime. He advised that
Walmart was still in the midst of working out an agreement with Mr. Strauss to do the
work together along Buck Mountain Road. He stated there was a previous waiver of
noise ordinance granted to Howard Shockey & Sons and Counts & Dobyns for the work
on Rt. 220. Mr. Homiller advised this was the first request that was being made by
Walmart's team for a noise ordinance waiver for this particular work.
Supervisor Moore asked since the weather is so cold now and she
believes forty degrees is necessary for paving, does Howard Shockey & Sons have a
backup plan if problems occur due to the extreme cold weather. Mr. Travis Hall advised
that they are the general contractor for Walmart and basically they will go as long as the
weather permits. He further advised in the event that cold weather requires them to put
down pavement, provisions have been made for milling it up in the springtime. He
added that VDOT has approved these provisions. Additionally, he added there are
some other provisions for keeping things warm as possible and only paving when
weather permits. Supervisor Moore asked Mr. Hall what the provisions were to keep
the pavement warm so it will seal and be safe. Mr. Chris Dunnam advised they are the
subcontractor for Shockey doing the roadwork and the site work. He stated that VDOT
has allowed a couple of stipulations; they have a warm asphalt technology that VDOT
actually brought to their attention a couple of weeks ago, when Rt. 220 was being
paved. He added some of these items might be helpful on Buck Mountain, but must
have better weather in order to get it done. He added a lot of the storm drain work can
still be done, which is one of the changes in the plan. Additionally, he pointed out there
is a new stormdrain line running right up the middle of existing Buck Mountain that is an
issue. He advised they are trying to avoid working on that during the day because it
would affect the traffic. He noted that they have noticed that traffic drops off
tremendously at night, which would allow them to complete the work in a safe manner
and the weather limitations are not as great. Supervisor Moore agreed with Mr. Hall
that it would be much safer to do this work at night.
462 December 14, 2010
Supervisor Altizer stated that the winter time concerns him as well, with
regard to the quality of work, doing things that are certainly affected by the weather. He
stressed that with the curb and guttering, the concrete, he is aware that insulating
blankets will need to be used in this kind of weather. He added that he thinks concrete
must be keep at a minimum of about 50 degrees for 72 hours. Mr. Dunnam stated the
Virginia Department of Transportation (VDOT) standard is 40 degrees and rising to
place it and maintained for the required time.
Supervisor Elswick inquired as to the nature of the noise, is it something
that will keep people awake at night as some people have to get up at 4:30 or 5:00 to go
to work the next day? Mr. Dunnam responded that based on working on Rt. 220, the
night work that was done was no greater than the traffic noise going down the road. Mr.
Dunnam stated that the surrounding noise is so great; no -one knows there are workers
out there. Supervisor Elswick asked if jackhammers would be used. Mr. Dunnam
replied in the negative advising they would be using loaders and backhoes. Supervisor
Elswick then asked if there had been any complaints so far with Mr. Dunnam
responding none that he is aware of. Mr. Dunnam did advise there was one complaint
from one citizen who lived on Singing Hill Road because of the work being done up to
10 o'clock. To his knowledge, they have not received any more complaints.
RESOLUTION 121410 -8 GRANTING A WAIVER UNDER
SECTION 13 -23 OF THE ROANOKE COUNTY CODE TO THE
PROVISIONS OF THE COUNTY'S NOISE ORDINANCE -
ARTICLE II. "NOISE" OF CHAPTER 13. "OFFENSES -
MISCELLANEOUS" OF THE ROANOKE COUNTY CODE TO
HOWARD SHOCKEY & SONS, INC. AND COUNTS & DOBYNS -
BUCK MOUNTAIN ROAD IMPROVEMENT PROJECT, CAVE
SPRING MAGISTERIAL DISTRICT
WHEREAS, Howard Shockey & Sons, Inc. have requested a waiver of the
County's noise ordinance as contemplated under Sec. 13 -23. "Undue hardship waiver"
be given to Howard Shockey & Sons, Inc. and Counts and Dobyns, the contractors for
the Buck Mountain Road improvement project, to permit the road construction to be
performed at night to take advantage of lower traffic volumes beginning on December
15, 2010, and ending February 28, 2011; and
WHEREAS, Wolverton and Associates had previously prepared road
improvement plans for the Walmart project. These plans have been reviewed and
approved by both the County and Virginia Department of Transportation (VDOT); and
WHEREAS, Section 13 -23 of the Roanoke County Code establishes certain
standards for the Board of Supervisors to grant waivers from the provision of the
Roanoke County Noise Ordinance - Article II. "Noise" of Chapter 13. "Offenses -
Miscellaneous" to avoid undue hardship upon consideration of certain factors set forth in
subsection (b) of Sec. 13 -23 and after making certain alternative findings.
December 14, 2010 463
BE IT RESOLVED by the Board of Supervisors of the County of Roanoke,
Virginia, as follows:
1. In making its determination as to whether to grant the requested waiver to
Howard Shockey & Sons, Inc. and Counts and Dobyns from the County's noise
ordinance, the Board of Supervisors has considered the following factors:
a. The time of day the noise will occur and the duration of the noise:
Beginning at approximately 10:00 p.m. on December 15, 2010, and
ending 7:00 a.m. on February 28, 2011.
b. Whether the noise is intermittent or continuous: The noise
produced during the process of performing road construction is done in
order to take advantage of lower traffic volumes, minimizing impacts on
the public, while maximizing safety to the public and construction workers.
Tasks currently identified as those that will be performed at night include
but are not limited to: storm drain piping & structures including road
crossing; water line relocation; curb & gutter and concrete medians that tie
to US 220 from Buck Mountain Road; all road widening, profiling and
paving; and pavement marking. The noise waiver will not be utilized on a
daily basis; rather it will be used when necessary and prudent to do so.
C. The extensiveness of the noise: May be extensive at times
depending upon the nature of the work.
d. The technical and economic feasibility of bringing the noise into
conformance with the noise ordinance: This work has to be completed at
night in order to minimize impacts on the traveling public, while
maximizing safety to the public and construction workers. Also the
Virginia Department of Transportation requests that this work be done at
night.
e. Other matters related to the impact of the noise on the health,
safety and welfare of the community and the degree of hardship resulting
from enforcement of the ordinance: Work is being done at this time to
avoid disruption to the Roanoke County Schools (Clearbrook Elementary)
and nearby Faith Christian School.
f. The extent to which the noise is necessary and incidental to the
commercial and industrial use generating the sound: The noise to be
generated by this road work is necessary and incidental to fulfilling the
conditions of the special use permit approved by the Board of Supervisors
for the Clearbrook Wal -Mart development and will allow the Buck
Mountain Road improvement project to open to the public simultaneously
to the new traffic patterns from the Wal -Mart development.
2. The Board of Supervisors makes the following finding: Compliance with the
provisions of the County's noise ordinance concerning the specific act of noise
disturbance by operation of equipment for road construction under subsection (1)
464 December 14, 2010
of Sec. 13 -21. "Specific acts as noise disturbance" or under the provision of Sec.
13 -20. "General prohibition" would produce serious economic hardship for
Howard Shockey & Sons, Inc. and Counts & Dobyns without producing any
substantial benefit to the public, further it would result in greater impacts on the
public using U.S. Route 220, increase safety hazards both for the public and the
construction workers, and be contrary to the directives of the Virginia Department
of Transportation.
3. That the provisions of Sec.13 -21. "Specific acts as noise" subsection (1) and
Sec. 13 -20. "General prohibition" of Article II. "Noise" of Chapter 13. "Offenses —
Miscellaneous" be WAIVED for a period from December 15, 2010 until February
28, 2011.
4. This Waiver is granted specifically to Howard Shockey & Sons, Inc. and Counts
and Dobyns, their officers, employees and agents for road construction work and
related activities on Buck Mountain Road at Route 220 at the Clearbrook
WalMart development in Roanoke County, Virginia.
5. That this Waiver may only be extended upon written application and approval by
the Board of Supervisors.
6. That this Resolution shall be in full force and effect from its passage.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
8. Resolution expressing concerns about alcoholic energy drinks
and requesting the General Assembly for the Commonwealth of
Virginia to ban alcoholic energy drinks (Paul M. Mahoney, County
Attorney)
Mr. Mahoney reviewed the resolution with the Board. Also in attendance
was Nancy Han, Council Coordinator for the Prevention Council of Roanoke County.
Ms. Han thanked the board for their swift action and explained that she had shared what
the Board was proposing with the Council and within twenty -four hours, Mr. John
Newton from PMI Stop In stores took the imitative to remove these drinks from all eighty
of his stores. Ms. Han thanked Mr. Newton for what he has done in the County and the
Valley and turned the meeting over to Mr. Newton.
Mr. Newton advised the Board that it was the right thing to do and thanked
Nancy Han and the Prevention Council in trying to keep the children of our community
safe.
Chairman Church thanked Mr. Newton for removing these drinks from his
store.
Supervisor Moore expressed her thanks to Ms. Han and Mr. Newton.
December 14, 2010 465
Chairman Church stated the Board would not sit with a blind eye, and just
as Supervisor Altizer that brought the synthetic marijuana to the Board, this concern
would also be addressed. Chairman Church explained to the business people that
continue to bring these things that are harmful to our community the Board will not stand
still and in other jurisdictions as well. Positive inroads will be made to stop this
nonsense.
RESOLUTION 121410 -9 EXPRESSING CONCERNS ABOUT
ALCOHOLIC ENERGY DRINKS AND REQUESTING THE
GENERAL ASSEMBLY FOR THE COMMONWEALTH OF
VIRGINIA TO BAN ALCOHOLIC ENERGY DRINKS
WHEREAS, alcoholic energy malt beverages, which may contain significant
amounts of caffeine, ginseng, ginkgo biloba and other herbal /chemical stimulant
ingredients, are being increasingly marketing towards juveniles and other young
drinkers; and
WHEREAS, a typical alcohol energy drink contains 24 ounces and has a 12
percent alcohol content which is 3 to 4 times the alcohol content of a 12 ounce beer,
according to the Michigan Liquor Control Commission; and
WHEREAS, a leading study by the Wake Forest University School of Medicine
found a doubling of occurrences of injury and need for medical attention as well as the
likelihood of riding with an intoxicated driver among students who consumed these
alcoholic energy drinks; and
WHEREAS, research at the University of Florida shows these products
encourage dangerous consumption patterns with accompanying dangerous behavior
patterns which is frequently linked to increased potential for addiction, especially among
young drinkers; and
WHEREAS, the overuse of caffeine or other stimulants can result in acute
overdoses that can cause serious health problems including heart palpitation,
depression, anxiety and in extreme cases, death, as well as lapses of judgment; and
WHEREAS, the marketing messages for malt beverage products containing
caffeine and other stimulants imply that they have beneficial energizing effects without
disclosing the potential adverse effects and consequences to the consumer of these
beverages; and
WHEREAS, several state attorney generals and agencies including the National
Alcohol Beverage Control Association (NABCA), the Washington State Liquor Control
Board, the Michigan Liquor Control Commission and numerous other governmental
bodies have expressed concerns by resolution or otherwise to the marketing of
alcoholic beverage drinks towards young people in a way that produces false
impressions of these products' effects; and
WHEREAS, the Federal Food and Drug Administration (FDA) is currently
researching the safety and legality of alcoholic energy drinks; and
466 December 14, 2010
WHEREAS, the States of Michigan and Washington have issued bans upon the
sale of alcohol energy drinks within their respective jurisdictions thru their respective
administrative agencies.
NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That it expresses its unanimous concern about the evidence of increased
purchase and consumption of alcoholic energy drinks by young people within
Roanoke County.
2. That it requests the General Assembly for the Commonwealth of Virginia to adopt
legislation banning the sale of alcoholic energy drinks.
3. That the Clerk to the Board of Supervisors is directed to send an attested copy of
this resolution to Governor McDonnell, Senator John S. Edwards, Senator Ralph
Smith, Delegate Onzlee Ware, Delegate William Cleaveland; Stephanie Moon,
Roanoke City Clerk; Members of the Roanoke City Council, Kevin S. Boggess,
Clerk for Salem City Council; Members of the Salem City Council; Clerk for the
Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley -
Alleghany Regional Commission, and the Virginia Association of Counties.
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
9. Granting an additional Christmas Holiday on Thursday, December
23, 2010 (B. Clayton Goodman III, County Administrator)
Fis PA El 11115 U
Mr. Goodman explained that the Chairman had requested an additional
Christmas holiday be granted for Thursday, December 23, 2010. Governor McDonnell
had granted a similar holiday for State employees stating that his action was to reflect
the high level of service that these employees maintained through the trying times
during the past few years. Mr. Goodman expressed his opinion that County employees
had also stepped forward with the many demands placed on them due to budget cuts,
etc. and recommended to the Board that this additional holiday be conveyed to County
employees.
Supervisor Elswick inquired about the people who will have to work on
that day. Mr. Joe Sgroi, Director of Human Resources responded that the people who
must work will get an additional eight hours of holiday pay to be used at the option of
the employee.
Churchman Church stated the Board unanimously understood and
recognized that employees have not had pay raises for several years; however,
December 14, 2010 467
attempts were being made to do a lot of good things to keep our employees. He
advised that this gesture is well deserved and feels the employees will reward the
citizens of the County. Chairman Church reiterated that the Board unanimously
recognized the employee efforts.
Supervisor Flora stated this was started back in October when the
General District Court granted an additional day for News Years and Christmas for their
employees. He further advised that this had occurred last year and the year before. In
addition, he stated that the Supreme Court actually gave a day and a half. He advised
that other jurisdictions were following Governor McDonnell.
Supervisor Altizer requested that staff make every effort to let the citizens
know and to post the information to the website.
Chairman Church moved to adopt the granting of an additional holiday.
The motion was approved by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
1. The petition of Jatin Patel to obtain a Special Use Permit in a C -2,
General Commercial, District for the purpose of operating a
convenience store and fast food restaurant on 0.844 acre, located
in the 8000 block of Plantation Road, Hollins Magisterial District.
There was no discussion. Supervisor Flora moved to approve the first
reading and established the second reading and public hearing for January 25, 2011.
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
2. The petition of Fountain Head Land Company, LLC, to amend the
Planned Residential Development Master Plan to decrease the
maximum number of cottages, to decrease the maximum number
of bedrooms in the clubhouse, to increase the maximum number
of residential lots to 110, and to reduce the minimum lot size and
road frontage for residential lots south of Pitzer Road, and to
amend a proffered condition dealing with an at -grade golf cart
crossing on Pitzer Road for Fountain Head Golf Resort
(Ballyhack) which measures approximately 375 acres, Vinton
Magisterial District.
468 December 14, 2010
There was no discussion. Supervisor Altizer moved to approve the first
reading and established the second reading and public hearing for January 25, 2011.
The motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the conveyance of Roanoke County's one -
half interest in the Blue Ridge Branch Library to Botetourt County
(Paul M. Mahoney, County Attorney)
There was no discussion. Supervisor Altizer moved to approve the first
reading and established the second reading for January 11, 2011. The motion carried
by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
2. Ordinance authorizing and approving execution of a Lease
Agreement with Cisco systems, Inc., for office space in the Salem
Bank & Trust building at 220 East Main Street, Salem, Virginia,
owned by the Board of Supervisors of Roanoke County (Anne -
Marie Green, Director of General Services)
There was no discussion. Chairman Church moved to approve the first
reading and established the second reading for January 11, 2011. The motion carried
by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
3. Ordinance authorizing conveyance of a 50' water and sewer line
easement to the Western Virginia Water Authority to be located
within a public right -of -way known as Townsend Road, said right -
of -way having been dedicated to the Board of Supervisors,
Hollins Magisterial District (Paul M. Mahoney, County Attorney)
There was no discussion. Supervisor Flora moved to approve the first
reading and established the second reading for January 11, 2011. The motion carried
by the following recorded vote:
December 14, 2010 469
AYES: Supervisors Moore, Flora, Elswick, Church
NAYS: None
ABSTAIN: Supervisor Altizer
IN RE: SECOND READING OF ORDINANCES
1. Ordinance approving the purchase of 0.27 acre of property and
house located at 5755 Crystal Creek Drive, Cave Spring
Magisterial District, and appropriation of $60,000 (Diane D. Hyatt,
Assistant County Administrator)
There was no discussion.
ORDINANCE 121410 -11 AUTHORIZING THE EXERCISE OF THE
OPTION TO ACQUIRE APPROXIMATELY 0.27 ACRE OF REAL
ESTATE (TAX MAP NO. 97.05- 01 -17) FROM GRACE M.
SPRADLIN FOR THE EXPANSION OF STARKEY PARK
WHEREAS, on September 28, 2010, Roanoke County entered into an option to
purchase agreement with Grace M. Spradlin for the purchase of approximately .27 acre
in the Cave Spring Magisterial District for the expansion of Starkey Park; and
WHEREAS, on September 28, 2010, the expenditure of funds for boundary
survey, title examination and insurance, environmental assessment, and recordation
fees were authorized and approved; and
WHEREAS, an increase in the purchase price from $45,000 to $45,500 is
necessary to cover the actual mortgage payoff on this property; and
WHEREAS, the County now wishes to exercise said option and purchase this
real estate; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on November 16, 2010, and the second reading
was held on December 14, 2010; and
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the exercise of an option for the acquisition of approximately .27 acre
of real estate (Tax Map No. 97.05- 01 -17) as shown on a boundary survey prepared by
Caldwell White Associates dated October 18, 2010, for the sum of Forty Five Thousand
Five Hundred Dollars ($45,500) is hereby approved and further that the acquisition of
said real estate is hereby authorized and approved.
470 December 14, 2010
2. That funds will be appropriated into the Crystal Creek Property account
from the Minor Capital fund to pay all of the costs of this acquisition, and the demolition
of the existing structure.
3. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: APPOINTMENTS
1. Economic Development Authority (At -Large appointment)
It was the consensus of the Board at their November 16, 2010, closed
session to appoint Paul Henkel to the Economic Development Authority for a four -year
term. Confirmation of the appointment was placed on the Consent Agenda.
2. Grievance Panel (At -Large appointment)
It was the consensus of the Board at their November 16, 2010, closed
session to reappoint Lee Blair as alternate to the Grievance Panel for a three -year term.
Confirmation of the appointment was placed on the Consent Agenda.
3. Library Board (appointed by District)
Charlotte Moore has reappointed James 0. Nelson to represent the Cave
Spring Magisterial District for a four -year term. Confirmation of the appointment was
placed on the Consent Agenda.
4. Roanoke Valley Resource Authority (At -Large appointment)
It was the consensus of the Board at their November 16, 2010, closed
session to reappoint Rebecca Owens to the Roanoke Valley Resource Authority for a
four year term. Confirmation of the appointment was placed on the Consent Agenda.
5. Western Virginia Regional Jail Authority (At -Large appointment)
December 14, 2010 471
It was the consensus of the Board at their November 16, 2010, closed
session to re- appoint each of these members to an additional one -year term.
Confirmation of these appointments has been placed on the Consent Agenda.
• B. Clayton Goodman III as Alternate Administrative Official
• Diane D. Hyatt as Administrative Official
• Joseph B. Butch Church as Alternate Elected Representative
• Michael W. Altizer as Elected Representative
• Michael Winston, as Sheriff Representative
• Charles Poff, as Alternate Sheriff position
IN RE: CONSENT AGENDA
RESOLUTION 121410 -12 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM J- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for December
14, 2010, designated as Item J - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 8 inclusive, as follows:
1. Approval of Minutes — November 16, 2010
2. Confirmation of appointments to the Economic Development Authority;
Grievance Panel; Library Board; Roanoke Valley Resource Authority; and
Western Virginia Regional Jail Authority
3. Resolution establishing a meeting schedule for the Board of Supervisors of
Roanoke County for calendar year 2011
4. Resolution requesting acceptance of Cottage Rose Lane into the Virginia
Department of Transportation Secondary System
5. Resolution requesting acceptance of the remaining portion of Forest Acre
Court into the Virginia Department of Transportation Secondary System
6. Request to accept the donation of certain real estate from an affected
property owner for roadway improvements to Sierra Drive, Route 1876 and
Santa Anita Terrace, Route 1849, Hollins Magisterial District
7. Resolution granting signatory authority to execute project administration
agreements for approved Revenue Sharing Funds for fiscal year 2010 -2011
8. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Donna L. Furrow, Assistant Chief of Police, upon her
472 December 14, 2010
retirement after more than twenty -seven years of service
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
RESOLUTION 121410 -12.b ESTABLISHING A MEETING
SCHEDULE FOR THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY FOR CALENDAR YEAR 2011
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That for calendar year 2011, the regular meetings of the Board of
Supervisors of Roanoke County, Virginia, are set forth below with public hearings
scheduled for 7:00 p.m. unless otherwise advertised.
Tuesday, January 11, 2011 at 3 pm
Tuesday, January 25, 2011 at 3 pm and 7 pm
Tuesday, February 8, 2011 at 3 pm
Tuesday, February 22, 2011 at 3 pm and 7 pm
Tuesday, March 8, 2011 at 3 pm
Tuesday, March 22, 2011 at 3 pm and 7 pm
Tuesday, April 12, 2011 at 3 pm
Tuesday, April 26, 2011 at 3 pm and 7 pm
Tuesday, May 10, 2011 at 3 pm
Tuesday, May 24, 2011 at 3 pm and 7 pm
Tuesday, June 14, 2011 at 3 pm
Tuesday, June 28, 2011 at 3 pm and 7 pm
Tuesday, July 12, 2011 at 3 pm
Tuesday, July 26, 2011 at 3 pm and 7 pm
Tuesday, August 9, 2011 at 3 pm
Tuesday, August 23, 2011 at 3 pm and 7 pm
Tuesday, September 13, 2011 at 3 pm
Tuesday, September 27, 2011 at 3 pm and 7 pm
Tuesday, October 11, 2011 at 3 pm
Tuesday, October 25, 2011 at 3 pm and 7 pm
Tuesday, November 15, 2011 at 3 pm and 7 pm
Tuesday, December 13, 2011 at 3 pm and 7 pm
2. That the organizational meeting for 2012 shall be held on Tuesday,
January 10, 2012 at 2:00 p.m.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
December 14, 2010 473
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
RESOLUTION 121410 -12.c REQUESTING ACCEPTANCE OF
COTTAGE ROSE LANE INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the streets described on the attached Virginia Department of
Transportation (VDOT) Form AM -4.3, fully incorporated herein by reference, are shown
on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements; and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
which applies to this request for addition.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code
of Virginia, and the Department's Subdivision Street Requirements, after receiving a
copy of this resolution and all outstanding fees and documents required of the
developer, whichever occurs last in time; and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right -of -way, as described, and any necessary easements for cuts, fills and drainage;
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Residency Administrator for the Virginia Department of Transportation.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
RESOLUTION 121410 -12.d REQUESTING ACCEPTANCE OF
THE REMAINING PORTION OF FOREST ACRE COURT INTO
THE VIRGINIA DEPARTMENT OF TRANSPORTATION
SECONDARY SYSTEM
WHEREAS, the streets described on the attached Virginia Department of
Transportation (VDOT) Form AM -4.3, fully incorporated herein by reference, are shown
on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County; and
474 December 14, 2010
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements; and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
which applies to this request for addition.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code
of Virginia, and the Department's Subdivision Street Requirements, after receiving a
copy of this resolution and all outstanding fees and documents required of the
developer, whichever occurs last in time; and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right -of -way, as described, and any necessary easements for cuts, fills and drainage;
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Residency Administrator for the Virginia Department of Transportation.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
RESOLUTION 121410 -12.f GRANTING SIGNATORY
AUTHORITY TO EXECUTE PROJECT ADMINISTRATION
AGREEMENTS FOR APPROVED REVENUE SHARING
PROJECTS FOR THE FISCAL YEAR 2010 -2011
WHEREAS, the Board of Supervisors submitted 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 were requested to fund the projects
identified in Roanoke County Revenue Sharing Program for fiscal year 2010 -2011.
NOW, THEREFORE, BE IT RESOLVED that Roanoke County Board of
Supervisors approved the Revenue Sharing Project list for fiscal year 2010 -2011 and
supported the application for an allocation of $500,600 through the Virginia Department
of Transportation Revenue Sharing Program, and a pro -rated portion of these funds
were approved by the Commonwealth Transportation Board on September 15, 2010.
AND BE IT FURTHER RESOLVED that the Roanoke County Board of
Supervisors hereby grants authority for the County Engineer to execute project
administration agreements for any approved revenue sharing projects.
December 14, 2010 475
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 121410 -12.g EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO DONNA L. FURROW, ASSISTANT CHIEF OF POLICE, UPON
HER RETIREMENT AFTER MORE THAN TWENTY -SEVEN
YEARS OF SERVICE
WHEREAS, Donna L. Furrow was hired on October 17, 1983, as a
Communications Officer and promoted to: Police Officer in September of 1988; Police
Sergeant in October of 1995; Police Lieutenant in April of 2001 and Assistant Chief of
Police in February, 2003; and
WHEREAS, Ms. Furrow retired on December 1, 2010, as Assistant Chief of
Police after twenty -seven years and two months of devoted, faithful and expert service
with the County; and
WHEREAS, during her time serving Roanoke County's Police Department, Ms.
Furrow was completely dedicated, often at great personal risk, to the protection of the
lives and property of the citizens of Roanoke County, promoting the fast and effective
delivery of police services to the County, encouraging the officers under her command
to try new and innovative techniques and ensuring that those officers had access to the
best training in modern methods of policing available; and
WHEREAS, Ms. Furrow worked tirelessly to establish and maintain effective lines
of communication between the Police Department and other elements of Roanoke
County government, particularly its schools, as well as other public and private agencies
with whom the Police Department partners to serve the citizens of Roanoke County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to DONNA L. FURROW for more than twenty -seven
years of capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: REPORTS
476
December 14, 2010
Supervisor Flora moved to receive and file the following reports
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 — November 2010
The
5. Comparative Statement of Budgeted and Actual Expenditures
and Encumbrances for the month ended November 30, 2010
6. Comparative Statement of Budgeted and Actual Revenues for
the month ended November 30, 2010
7. Treasurer's Statement of Accountability per Investment and
Portfolio Policy as of November 30, 2010
IN RE: CLOSED MEETING
At 5:04 p.m., Chairman Church moved to go into closed meeting pursuant
to the Code of Virginia Section2.2.371 1.A. 1. Personnel, namely discussion concerning
appointments to the Community Development Authority Board; Community Policy and
Management Team (CPMT); Economic Development Authority and Clerk to the Board
of Supervisors and Section 2.2- 3711.A.7. Consultation with legal counsel and briefings
by staff members pertaining to probable litigation, namely, enforcement of stormwater
management ordinance for maintenance of facilities in commercial and residential
developments and property owners' associations.
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
At 5:05 p.m., Chairman Church recessed to the 4 floor for work session
and closed meeting.
The closed meeting was held from 5:28 p.m. until 6.05 p.m.
IN RE: CERTIFICATION RESOLUTION
December 14, 2010 477
At 7:00 p.m., Chairman Church moved to return to open session and
adopt the certification resolution.
RESOLUTION 121410 -13 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 Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: NEW BUSINESS
1. Resolution appointing a Clerk to the Board of Supervisors (Paul
M. Mahoney, County Attorney)
Mr. Mahoney advised that Deborah C. Jacks was appointed in closed
session. There was no discussion.
RESOLUTION 121410 -14 APPOINTING DEBORAH C. JACKS
AS CLERK TO THE BOARD OF SUPERVISORS
WHEREAS, Section 15.2 -1538 of the Code of Virginia, 1950 as amended,
provides for the appointment of a Clerk for the Board of Supervisors; and
WHEREAS, Ordinance #62789 -4 adopted by the Board of Supervisors of
Roanoke County on June 27, 1989, provides that the Board may appoint a County Clerk
478 December 14, 2010
who shall serve at the pleasure of the Board and who shall have the duties and
responsibilities as set out in said ordinance and in the State Code; and
WHEREAS, said ordinance provides that if the Board chooses not to appoint a
County Clerk such duties and responsibilities shall be performed by the County
Administrator.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board hereby appoints Deborah C. Jacks as Clerk to the Board
of Supervisors effective from and after date of its adoption.
2. That Deborah C. Jacks shall exercise all of the powers and fulfill all of the
duties of Clerk to the Board of Supervisors as provided in Ordinance #62789 -4 and as
provided in the Code of Virginia.
3. That this resolution shall be effective from and after its adoption.
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 amending Resolution 102610 -5 appointing the
authority board members for the South Peak Community
Development Authority (Paul M. Mahoney, County Attorney)
Mr. Mahoney advised that Susan Still had been appointed to the South
Peak Community Development Authority. There was no discussion.
RESOLUTION 121410 -15 AMENDING RESOLUTION 102610 -5
APPOINTING THE AUTHORITY BOARD MEMBERS FOR THE
SOUTH PEAK COMMUNITY DEVELOPMENT AUTHORITY
WHEREAS, Resolution 102610 -5 adopted by the Board of Supervisors on
October 26, 2010, appointed five citizens to serve on the authority board for the South
Peak Community Development Authority; and
WHEREAS, since the appointment one of the appointees, Brownie E. Polly, has
notified the Board of Supervisors that he is unable to serve on the authority board due
to a potential conflict of interests.
NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke
County that this Board hereby appoints the following member of the South Peak
Community Development Authority:
Susan Still 2 year term
December 14, 2010 479
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 the individual named herein and the other members
of the South Peak Community Development Authority.
On motion of Supervisor Moore 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 SECOND READINGS OF ORDINANCES
1. The petition of Timberbrook Properties IX, LLC, and Fincastle
Equipment Company, LC, to rezone 9.096 acres from AR,
Agricultural Residential, District to C- 2C /CVOD, General
Commercial /Clearbrook Village Overlay, District with conditions
in order to construct a general commercial, retail sales and
restaurant project, located on the northeastern side of Clearbrook
Lane and across from the intersection of Clearbrook Lane and
Clearbrook Village Lane, Cave Spring Magisterial District
Mr. Philip Thompson, Deputy Director of Planning, outlined the petition to
the Board and advised the Planning Commission had unanimously recommended
approval of this rezoning. Mr. Thompson advised that revised proffers had been
provided to the Board.
Maryellen Goodlatte of Glenn, Feldman, Darby and Goodlatte spoke on
behalf of Timberbrook Properties and Fincastle Equipment Company.
Supervisor Elswick inquired how many private residents are along
Amanda Lane, with Ms. Goodlatte advising she was not sure. Supervisor Elswick then
asked if there will be any property that is devalued as a result, with Ms. Goodlatte
responding in the negative. Supervisor Elswick then questioned if there had been any
citizen complaints during the Planning Commission public hearing, with Ms. Goodlatte
responding several citizens had come to the community meeting and the buffers for this
project were enhanced as a result and there were no citizens who spoke at the public
hearing.
Supervisor Moore asked for an explanation of the parapet walls and how
these walls will be hiding the mechanical units on the roof. Mrs. Goodlatte responded
by advising one of the proffers that was added was a requirement that rooftop
mechanical units be shielded in order to prevent people who might be above the view of
the rooftop units from seeing them and what was done was to require parapet walls.
480 December 14, 2010
She further indicated these parapet walls will extend above the flat portion of the roof to
act as a buffer for these areas. Additionally, Ms. Goodlatte noted that additional
landscaping along the southern border of the property will further enhance the views,
including a screening fence and landscaping with heights that go beyond the minimum
height requirements.
Chairman Church asked for confirmation that the minimum height of the
Leland trees at the time of planting would be nine feet with Ms. Goodlatte answering in
the affirmative. The CVOD requires eight feet at the time of planting.
Chairman Church opened and closed the public hearing and there were
no citizens who spoke on this issue.
Supervisor Altizer inquired about the height of the sign, the height of the
sign for the overlay district and what is the maximum height. Mr. Thompson responded
that the monument sign is seven feet tall and ten feet wide. Supervisor Altizer asked if
this was the same height of the Walmart sign, with Mr. Thompson advising yes, but it
was later changed to an allowed ten foot by ten foot sign. Supervisor Altizer then
reiterated that the size for this sign is going to be seven feet in height and ten feet wide,
which is the Clearbrook overlay requirement, with Mr. Thompson answering
affirmatively.
Supervisor Altizer then inquired what type of material will be used for the
monument part of the sign with Mr. Thompson responding in accordance with proffer
number ten (10), the materials will be similar to the materials used in the buildings.
Supervisor Altizer then asked for clarification inquiring if there would be any exposed
linear running poles and will be whatever brick the building is comprised of and will be
partitioned all the way from the bottom with Mr. Thompson answering in the affirmative.
Supervisor Moore complimented Mr. Steve Strauss, owner of Timberbrook
Properties, concerning the overlay guidelines. Supervisor Moore explained there were
several community meetings, which she attended and indicated that she knew Mr.
Strauss had addressed the concerns of all the citizens and at a late hour last night. She
stated she appreciated Mr. Strauss coming forward and putting the new proffers in for
the 15 foot Leland Cypress trees, which are not native of Virginia, but will make a nice
border near the site line in the back. She explained these trees will get about seventy
(70) feet tall and fifteen (15) foot wide and will make a wonderful border for the people
on Amanda, Clearbrook and Rt. 220. She further added that Mr. Strauss has proffered
the parapet walls to hide the mechanical roof units on the flat roof. Supervisor Moore
stated that she appreciated the owner going over and above and protecting the extra
buffering, which protects the citizens. She advised that he had done a good job and
she appreciated it as well as the citizens. Supervisor Moore further commented she
welcomed the new business and hoped there would be tenants soon.
ORDINANCE 121410 -16 REZONING 9.096 ACRES FROM AR,
AGRICULTURAL RESIDENTIAL, DISTRICT TO C -2C /COD,
GENERAL COMMERCIAL/ CLEARBROOK VILLAGE OVERLAY,
DISTRICT WITH CONDITIONS IN ORDER TO CONSTRUCT A
December 14, 2010 481
GENERAL COMMERCIAL, RETAIL SALES AND RESTAURANT
PROJECT, LOCATED ON THE NORTHEASTERN SIDE OF
CLEARBROOK LANE AND ACROSS FROM THE
INTERSECTION OF CLEARBROOK LANE AND CLEARBROOK
VILLAGE LANE, CAVE SPRING MAGISTERIAL DISTRICT
WHEREAS, the first reading of this ordinance was held on November 16, 2010,
and the second reading and public hearing were held December 14, 2010; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on December 6, 2010; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing
approximately 9.096 acres, as described herein, and located on the northeastern side of
Clearbrook Lane and across from the intersection of Clearbrook Lane and Clearbrook
Village Lane (Tax Map Numbers 88.04 -1 -42, 88.04 -1 -43 88.04 -1 -33) in the Cave
Spring Magisterial District, is hereby changed from the zoning classification of AR,
Agricultural Residential, District to C- 2C /CVOD, General Commercial /Clearbrook Village
Overlay, District with conditions.
2. That this action is taken upon the application of Timberbrook Properties
IX, LLC and Fincastle Equipment Company, LC.
3. That the owner of the property has voluntarily proffered in writing the
following amended conditions which the Board of Supervisors of Roanoke County,
Virginia, hereby accepts:
(1) The primary access to the site (at the intersection of
Clearbrook Lane and Clearbrook Village Lane) shall be designed
so as to incorporate a sidewalk, pedestrian scale design features
and landscaping in order to serve as a community focal point. A
15' planting area shall be installed along Clearbrook Lane and
planted with native plants from the list provided in Appendix D of
the Roanoke County Design Guidelines for the Clearbrook Village
Commercial Overlay District and including shade trees, shrubs and
flowering ornamental trees.
(2) Subject to such modifications as pedestrian safety requires,
pedestrian paths shall connect all buildings on the property.
(3) All buildings shall be designed to be compatible with one
another. All facades of buildings shall be of similar design,
compatible materials and similar detailing. Exterior building colors
shall be brown, beige, tan and /or white so as to complement the
482 December 14, 2010
exterior color scheme for the retail development situate on Tax
Parcel # 88.03 -01 -09.00 (i.e. WalMart).
(4) Plazas, landscape, landscaped areas and site amenities
shall also be compatible to the established building character and
may include outdoor seating areas, varied paving materials to add
contrast and texture, and decorative containers with seasonal
landscape.
(5) Roofline treatment shall be of compatible design on all
buildings. No flat roofs visible from U.S. 220 shall be permitted on
any building on the property. Rooftop mechanical units shall be
shielded from view from U.S. 220 and Clearbrook Village Lane.
(6) Required screening of service and trash areas shall be with
finish materials matching the exterior finish material of the building
for which it serves.
(7) Acceptable building finishes include:
a. brick
b. wood, vinyl or composite wood substitute lap
siding and trim
C. stucco or exterior insulated finish system
(EIFS)
d. stone face colored concrete block
e. stone or cast stone
f. standing seam metal, copper, composite slate
tile or asphalt shingle roof
(8) The following building finishes are prohibited:
a. Unpainted or bare metal panels
b. Bare exposed concrete that is not exposed
aggregate, hammered, sand blasted or
covered with cement based acrylic coating
C. Unfinished wood other than cedar, mahogany,
teak or redwood
(9) Site Lighting:
a. All lighting shall be shielded "cut off' types to
internalize illumination and avoid spillover to
adjacent residential properties.
b. Sidewalks shall be illuminated with decorative
pedestrian - scaled pole or building mounted
luminaries.
C. Plazas shall be illuminated similar to sidewalks
but may include additional feature lighting for
attractions and outdoor dining.
December 14, 2010 483
d. Landscape lighting shall be employed to
enhance site entrance and feature areas.
e. No exposed fluorescent lighting shall be
permitted.
(10) Site Signage:
a. The main freestanding tenant identification sign
shall be near the intersection of Clearbrook
Lane and Clearbrook Village Lane and shall be
monument style utilizing materials approved as
acceptable building materials and shall not
have more than two sides.
b. Signage color palette will be compatible with
above named exterior building colors and shall
complement the buildings' architectural style.
(11) A Type D, Option 2 buffer shall be installed along the
eastern boundary line of the property, as it adjoins Tax Parcels
#88.04 -1 -31 and #88.04 -1 -32. The width of any other required
buffer yard shall be increased by 10 %. All existing vegetation
within a required buffer yard shall be preserved to the greatest
extent possible. Existing vegetation within a required buffer yard
shall be a substitute for otherwise required screening if it complies
with the standards of the required buffer yard.
(12.) In order to provide additional buffering along the eastern
boundary line of the property described in proffer #11 above, the
following shall be provided:
a. Views of rooftop mechanical units and flat roofs from
Amanda Lane shall be buffered by the use of parapet
walls.
b. Unless otherwise limited by the Roanoke County
zoning ordinance, Leland Cypress trees having a
minimum height of nine (9) feet at the time of planting
and planted fifteen (15) feet on center shall be used
as the evergreen trees within the Type D, Option 2
buffer required by proffer #11 and also in the buffer
yard on the southern boundary line adjoining Tax
Parcel #088.04- 01 -44. The Leland Cypress trees
shall be planted on the outside area of the required
fencing in the Type D, Option 2 buffer.
4. That said real estate is more fully described as follows:
484 December 14, 2010
A 9.096 Acre Parcel, situated along Clearbrook Lane, Cave Spring
Magisterial District, comprised of Roanoke County Tax Parcels #88.04 -1 -33,
#88.04 -1 -43 and #88.04 -1 -42.
BEGINNING at Corner #1 an iron pin set, said point located on the southerly
boundary of Tract C, (D.B. 1017, Pg. 373) property of Marvin J. Dodson, et ux,
(D.B.1017, PG. 371) said point also being the northwesterly corner of Edward M.
Jenkins, et ux, property (D.B. 1222, PG. 220) said corner also being the
northeast corner of Roanoke County Tax #88.04 -1 -33; thence leaving Dodson
and with Jenkins, S 04° 20' 37" E, passing an iron pin found at 149.89 feet being
the northwesterly corner of property of Byron G. Jefferson, (D.B. 1513, PG. 1163)
in all 734.65 feet to Corner #2 an iron pin found, said point being the
northeasterly corner of property of Charles C. Burdette, Jr., et ux, (D.B. 482, PG.
477) and also said point being located on the westerly boundary of property of
Byron G. Jefferson, (D.B. 1513, PG. 1163); thence leaving Jefferson and with
Burdette for the following two courses, S 88° 43' 04" W, 293.34 feet to Corner #3
an iron pin found, said point being the southeasterly corner of Roanoke County
Tax #88.04 -1 -43; thence S 08 10' 41" W, passing a iron pin found at 209.24 feet
in all 218.11 feet to Corner #4 an iron pin set, said point located on the easterly
right -of -way of Virginia Secondary Route #624 (Clearbrook Lane); thence leaving
Burdette and with Clearbrook Lane for the following five courses, N 33 36' 19"
W, 108.19 feet to Corner #5; thence N 45 38' 19" W, passing the northwesterly
corner of Roanoke County Tax #88.04 -1 -43 at 95.73 feet being corner #5A;
thence leaving Tax #88.04 -1 -43 and with Roanoke County Tax #88.04 -1 -42 in all
102.67 feet to Corner #6; thence N 53 58' 19" W, 102.72 feet to Corner #7;
thence N 66 21' 19" W, 96.64 feet to Corner #8; thence S 76 42' 26" W, 46.95
feet to Corner #9 an iron pin set, said point located on the southerly side of a 25
foot private right -of -way being Sunset Drive; thence leaving Clearbrook Lane and
with the northerly boundary of Tax #88.04 -1 -42 and the southerly right -of -way of
Sunset Drive, N 60 48' 43" E, passing the northeasterly corner of Tax #88.04 -1-
42 at 276.17 feet being Corner #9A and with Roanoke County Tax #88.04 -1 -33
in all 400.65 feet to Corner #10, said point located on the southerly boundary of
property of Kimberly A. Parenti, (D.B. 1384, PG. 1373) being Lot C (P.B. 14, PG.
83); thence continuing with Lot C for the following two courses, N 38 14' 17" E,
73.07 feet to Corner #11 an iron pin found; thence N 08 52' 36" E, passing a 3
inch Maple at 216.69 feet on line, in all 255.07 feet to Corner #12 an iron pin
found, said point located on the southerly boundary of property of James Melvin
Dodson, et ux, (D.B. 1007, PG. 300) being Tract B (D.B. 1007, PG. 302); thence
leaving property of Kimberly A. Parenti and with Dodson, N 86 42' 17" E,
passing the southeasterly corner of Tract B at 268.89 feet in all 369.36 feet to
Corner #1 the place of BEGINNING and containing 9.096 Acres as more
particularly shown on plat prepared by Lumsden Associates, P.C. dated
December 14, 2010 485
December 10, 2003 and recorded in the Clerk's Office of the Circuit Court in Plat
Book 27, Page 68.
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Moore to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
2. The petition of Kingery Brothers Associates to obtain a Special
Use Permit in a AV, Agricultural/Village Center, District for the
purpose of operating a construction yard on 3.81 acres, located
near the 6000 block of Franklin Road, Cave Spring Magisterial
District
Mr. Philip Thompson, Deputy Director of Planning, explained in 2003, the
County approved a plan for this property to allow for the use of a borrow pit to deposit
and remove fill dirt associated with Mr. Kingery's excavation business. In April 2010,
the County received a complaint that the property was being used as a construction
yard. Mr. Thompson explained this special use permit is a means to resolve the current
code violation adding currently, there are a variety of items that have been stored on the
site. They include wood, drop inlets and drain pipes, storage tanks and storage trailers
as part of Mr. Kingery's construction business. Mr. Thompson explained if Mr. Kingery
had any leftover materials, he brought them back to the site and stored them on site.
Mr. Thompson detailed it is Mr. Kingery's intent to clean up the site, market the property
and sell it. Mr. Thompson advised there was a community meeting on November 8,
2010, with six citizens in attendance, with questions and concerns included screening,
length of use and grading of the site. There was a public hearing on December 6, 2010,
and there were no citizens to speak on this petition. The Planning Commission
unanimously approved with 6 conditions, limiting this special use permit for a period of a
little over three years, but having a deadline of January 14, 2014. No citizens spoke at
the planning commission meeting.
Supervisor Elswick inquired if in essence the zoning is being changed
from agricultural to commercial, with Mr. Thompson explaining the property is currently
zoned agricultural /village and the Board would be allowing the construction yard, which
is basically what he has on site now. Mr. Thompson reiterated this property is being
used as a construction site and Mr. Kingery is in violation. He further added this permit
will allow the use and allow him time to clean up the property in order to sell it.
Supervisor Elswick then asked if the period of time would be three (3) years with Mr.
Thompson responding in the affirmative. Supervisor Elswick then inquired if it takes
three years to clean the property up, with Mr. Thompson responding that Mr. Kingery
486 December 14, 2010
has indicated if he cleans it up earlier, but then sells the property, when he sells the
property the special use permit comes forward. The maximum is three years.
Supervisor Elswick then asked if he has been in violation and Mr. Kingery is asking for a
special use permit to continue to be in violation. Mr. Thompson responded that Mr.
Kingery is in violation because he does not have a special use permit and is asking for a
special use permit to be in compliance. Supervisor Elswick then asked if Mr. Kingery
was unaware of the fact that he was in violation and why was a special use permit
required before? Mr. Thompson explained that there had been a complaint, which the
County followed up on and notified Mr. Kingery of the violation. He further stated that
as a result of the complaint, Mr. Kingery was not aware he had a violation until he was
contacted by the County. Supervisor Elswick then inquired if a construction yard is
consistent with the other facilities in the area? Will it degrade the neighborhood? Is it
an improvement to the neighborhood? Mr. Thompson responded he felt this would not
necessarily be an improvement. Mr. Thompson explained he thinks the existing use is
there, as it is shielded from Rt. 220 and the residents that live along there did not
complain. He further noted a row of evergreen trees is being added to provide buffering.
Supervisor Elswick then asked if the residents' complaints are what made us aware of
this situation and now the residents are saying it okay? Mr. Thompson advised no -one
spoke at the public hearing. He stated he feels once the citizens understood what the
situation was and there is a sunset clause and this special use permit will only be valid
for a certain period of time and that he is trying to clean up the property. Mr. Thompson
further added when the application was made, Mr. Kingery had cleaned up a portion of
the property, (the adjacent property that is not a part of this application) and Mr.
Thompson believes that the residents see that progress is being made and the intent is
to clean it up and then sell it. Supervisor Elswick asked why the property could not be
cleaned up in six (6) months versus three (3) years, with Mr. Thompson advising that
Mr. Kingery had stated it would probably take a year or two to clean the property up.
Mr. Randolph William Kingery who lives at 6506 Crowells Gap Road
advised that he had purchased this property in 1985, and has used it for storage from
his construction business. He indicated the material that is on the property now are
pipes and structures he had left over from previous jobs. Mr. Kingery explained he has
machinery out there to move dirt, so he would bring it out there and stockpile it. He
indicated he had already paid for the material and did not want to just dispose of it as a
lot of it is new. Mr. Kingery stated his intention is to sell property. He stated he originally
got a letter from the County advising he had ten days to clean it up. He further
explained the way the economy is he did not have enough time in ten days and he did
not have any money or fuel expense to clean it up. Accordingly, Mr. Kingery explained
he is asking to be able to use the material up in a timely manner in about three years,
but is hoping to have it sold being that Walmart is out there now, he just wanted time to
clean it up and not add any more to it, just sell what he has already paid for and try to
get his money back.
Supervisor Moore advised that Mr. Kingery stated at the last community
meeting that he wanted to have an opportunity to sell the pipe that is there now. She
asked how much pipe is on the property with Mr. Kingery responding probably thirty
joints (eight -foot joints). Supervisor Moore asked what the value of the pipe would be,
with Mr. Kingery advising approximately $25 a foot. Supervisor Moore asked Mr.
December 14, 2010 487
Kingery to describe further, with Mr. Kingery indicating he has manholes, which are
about $800 a piece and drop units, which can run up to $2,000 a piece. Supervisor
Moore asked how many of each did he have, with Mr. Kingery responding probably
eight drop units and ten man holes. Supervisor Moore than asked what other materials
are on the property with Mr. Kingery responding some plastic pipes, but not a "whole lot
of stuff."
Chairman Church opened and closed the public hearing. There were no
citizens to speak.
Supervisor Altizer inquired of Mr. Thompson what kind of timeline is
required, for instance if the Board gave three years, it is three years, if we gave a year,
it is a year. He further asked if the Board declined his request, then what is the process,
i.e. how long does Mr. Kingery have to clean it up and what does he have to do to
become compliant if he does not have a special use permit? Mr. Thompson responded
if Mr. Kingery does not obtain the special use permit, he would have to clean up the
entire site as there is a court date of March of next year that it needs to be cleaned up
by. Supervisor Altizer asked if the March date was set by the court or by the County
with Mr. Thompson responding that it was set by the Court.
Chairman Church then provided to the Board additional photographs of
the site that he had personally taken indicating piles of asphalt, oil tanks, wood,
cinderblock, rubber, motor oil, rusted equipment. Chairman Church commented that
these are things he does not feel should be in any area of the County. Chairman Church
further indicated due to the quantity of "debris ", quite a bit of items that are broken
down, rusted out, windows out in trucks, oil tanks, etc. he is concerned and does not
assist him in making a favorable determination. Chairman Church indicated that he
attempts to go out and look at every petition coming before the Board, and inquired if
Mr. Thompson has been out to the site recently. Mr. Thompson advised the Planning
Commission was taken to the site before the December 6 t " public hearing. Mr.
Thompson further indicated that when comparing the photos in the staff report, Mr.
Kingery has done some work; some things have been cleaned up. He advised the
Planning Commission saw that some clean -up work had taken place and there has
been some activity within the last couple of weeks; some of the materials that Mr.
Kingery had mentioned, i.e. inlets, manholes, etc. and, some of the trailers had been
removed.
Chairman Church then asked Mr. Thompson first to please take a look at
the photographs and if he saw the site in this condition and secondly, if these items
were removed, where did they go? He indicated that he felt there are possible
Department of Environmental Quality problems if these items were buried and there
may be some contamination.
Supervisor Elswick commented that the site looks like a "dump" and was
surprised the Planning Commission has recommended to the Board they approve a
special use permit to allow a "dump" for three more years.
Chairman Church asked Mr. Kingery if he had the correct site with Mr.
Kingery advising that these photographs are probably the most recent because he had
cleaned up half of the project, because half of the property is commercial. Mr. Kingery
asked if the Board had been out or was just looking at the pictures because these
pictures are in just one little area, which is behind an embankment.
488 December 14, 2010
Chairman Church responded he was out at the site and went from one
end of the property to the other and if these items are no longer there, where are they?
Mr. Kingery responded the items are still there. He explained the wood is fire wood that
is burned and he uses the asphalt to keep from getting mud on Rt. 220 when the road is
muddy.
Supervisor Altizer inquired of Mr. Thompson when the County found out
about this site, with Mr. Thompson responding in April of 2010.
Mr. Kingery stated one complaint came to the Zoning Board advising that
while traveling down Rt. 220 the citizen could see the dirt bank; and this was the only
complaint. He further added he does not have a place to put the material until it is sold.
Supervisor Elswick responded by stating Mr., Kingery operates a
construction company so he should be accustomed to hauling stuff to the County dump.
Why this stuff couldn't be hauled to the dump with Mr. Kingery responding some
could be hauled to the dump.
Supervisor Elswick inquired if Mr. Kingery really thought it would take
three (3) years to clean the site? Mr. Kingery responded that is what he has asked for;
as there is material that he would like to sell or reuse on jobs that he does not have
anywhere else to store. Supervisor Elswick indicated that the material should have
never been put there to begin with based on the zoning and appears to reveal a
deficiency in our system.
Mr. Thompson responded by stating The Board has the right to set the
conditions, what they feel is appropriate. These conditions are what the Planning
Commission recommended, if the Board thinks three years is too long, a sunset clause
can be added that is less than that if the Board so chooses as the conditions are what
the Board feels is appropriate given the impact of the development or proposed
development or in this case, the existing development.
Chairman Church stated that in his opinion, this is not marginal; this is just
full of junk; broken out windows, rusted vehicles. He further stated that he cannot see
how that in the wildest stretch could be construed as construction material. The truck is
ready for scrap metal. There are oil pits; it is just an assortment of too much for any
area of the County.
Supervisor Elswick commented for the Board to be asked for a special use
permit for a junk yard is just so farfetched; he commented further that he cannot believe
it was brought before this Board. Staff should have simply stated to Mr. Kingery, he has
three months, clean it up, restore it and put it back into the way it should be as far as the
zoning for the area. Mr. Thompson responded by stating the applicant submitted the
application and Chairman Church reminded the Board it had a request before them that
required action.
Supervisor Moore advised she was at the property a couple of days ago
and would say fifty percent (50 %) of what is shown in the pictures is gone. She asked
Mr. Kingery again what was done with the material that was there. Mr. Kingery
responded most of that cleanup was manholes and firewood and has been moved
behind the buffer where it cannot be seen. Mr. Kingery added that all of the pictures are
of one little area about as big as this room.
December 14, 2010 489
Chairman Church commented that he took the photographs and it is an
area probably ten (10) to thirty (30) times the size of this room; stating it was a large
enough area that he had to drive one way and turn around and come all the way back to
the other end. He further commented that he thinks he is more than reasonable, but
this is something that is totally unreasonable to affirm. He further stated if it was close,
it would be different, but it is not a small area; and Mr. Kingery has piles of brick, wood,
trailers and an assortment of just about everything. Chairman Church stated if he voted
yes, he would be doing a disservice to the Cave Spring community.
Supervisor Moore advised numerous community meetings had been held
on comprehensive plans over the past couple of years and this particular property is
located in the core area which means it is primarily commercial and this property does
adjoin Rt. 220, citizens can see it from Yellow Mountain Road, citizens can see it from
Rt. 220. The dirt has been disturbed and you can see it. Supervisor Moore stated that
due to these circumstances and the way the property looks, she advised she does not
think a construction yard is appropriate for this site.
Supervisor Flora stated from looking at the pictures, as he has not been
out on the site, there is a substantial amount of debris out there. He further commented
if he were wearing his other hat, and he was issuing a zoning violation, he would not
hesitate one minute issuing a notice of violation. The dilemma for Mr. Kingery is that it
is impossible for him to clean this up between now and March, even if he wanted to
given the weather. On the other side of the coin, if he was sincere about cleaning it up,
then he should have substantially cleaned it up by the time he came before this Board
for a public hearing. He added what concerns him more than anything else; the debris
that has been moved has been moved to another place on the same property and there
is still a violation. He added he does not care if it is one side of the hill or the other hill, if
it is now zoned properly, it is still a violation. He indicated Mr. Kingery cannot move
stuff around to get out of a violation in a zoning ordinance. Supervisor Flora stated he
agreed with Ms. Moore, it is not an appropriate use for the property, even if there was
nothing on it and you wanted to start from scratch. Additionally, he noted that he is not
sure that it would be appropriate to approve it just because it has been used for twenty
years as a dump site. If Mr. Kingery had come back in and said he would have it
cleaned up by October of 2011, maybe he would feel differently about it.
Chairman Church stated he concurs with Supervisor Flora
Supervisor Altizer stated that Supervisor Flora said it very well.
Supervisor Altizer advised he is trying to hone in on the time this property was first cited.
He added that he does not think anyone at this point would consider a time frame of
three years. Additionally, he noted the Court hearing is in March and if it was a six -
month time frame, even after that, it might have been something that you could really
consider. Based on the amount of debris that is there, he just does not see how it is
possible this could be approved. He added there is a lot there, three years is too long a
period to consider, with the amount of material and the time frame, and he cannot
support approving this request.
490 December 14, 2010
ORDINANCE 121410 -17 DENYING A SPECIAL USE PERMIT FOR
OPERATION OF A CONSTRUCTION YARD ON A 3.81 ACRE
PARCEL OF REAL ESTATE ZONED AGRICULTURALNILLAGE
CENTER DISTRICT (AV) LOCATED IN THE 6000 BLOCK OF
FRANKLIN ROAD (TAX MAP NO. 98.04 -02- 27.01) CAVE SPRING
MAGISTERIAL DISTRICT, UPON THE PETITION OF KINGERY
BROTHERS ASSOCIATES
WHEREAS, the first reading of this ordinance was held on November 16, 2010,
and the second reading and public hearing were held December 14, 2010; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on December 6, 2010; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
On motion of Supervisor Moore to deny the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
3. The petition of Fellowship Community Church to obtain a Special
Use Permit in a C -2, General Commercial, District to operate a
religious assembly on 4.088 acres, located at 7210 Williamson
Road, Hollins Magisterial District
Mr. Philip Thompson, Deputy Director of Planning, reviewed the petition
and its specifics. Mr. Thompson advised that one citizen came forward with approval
and one condition was outlined.
Mr. Tim Ward of 5811 Old Maynard Drive, Roanoke, Virginia spoke on
behalf of the petitioner. He advised he is a zoning administrator for Botetourt County so
he is familiar with the process here. He stated that he is a member of Fellowship
Community Church currently in Salem, on Red Lane and they have approximately 1200
members there. Mr. Ward further explained that the church did a demographics study
and found most of their growth is coming from the 24019, 24012 areas. Accordingly, the
congregation decided to expand and looked extensively in the North County area for a
location. He stated this particular location fits best and will allow the church to build the
sanctuary size that is needed. Mr. Ward stated congregants are currently meeting at
Read Mountain middle school with a six month lease and are required to move out of
that location at the end of the lease. Additionally, Mr. Ward stated that the church does
a lot of community outreach within the area and hopes to be an asset to not only the
December 14, 2010 491
North Market Village but also to the North County area. He reiterated they only will be
using 8900 square feet and the special use permit is only for those 8900 square feet
and not for the entire four (4) acre parcel.
Supervisor Flora asked if this location was between Goodwill and
Alejandros, with Mr. Ward responding in the affirmative. Supervisor Flora asked if there
was something on the site now with Mr. Ward responding there is currently an A to Z
store; the wife of gentlemen that runs the store is ill and he has not been running the
store for the last several months. Supervisor Flora stated he was asking because he
was just out there and did not see any vacant spaces. Mr. Ward responded by advising
the current occupant still has everything in there and believes he has opened up in an
attempt to move some of the merchandise.
Chairman Church advised he lives about a one half mile from the Red
Lane and everything seems to be done just as promised. Chairman Church further
commented this church been a very favorable asset to his area of Roanoke County.
ORDINANCE 121410 -18 GRANTING A SPECIAL USE PERMIT
FOR RELIGIOUS ASSEMBLY IN C -2 WITHIN AN EXISTING
8,900 SQUARE FOOT BUILDING LOCATED IN THE NORTH
MARKET VILLAGE SHOPPING CENTER AT 7210 WILLIAMSON
ROAD (TAX MAP NO. 27.14- 02 -04) HOLLINS MAGISTERIAL
DISTRICT, UPON THE PETITION OF FELLOWSHIP
COMMUNITY CHURCH
WHEREAS, Fellowship Community Church has filed a petition for a special use
permit for religious assembly to be located at 7210 Williamson Road (Tax Map No.
27.14- 02 -04) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
December 6, 2010; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on November 16, 2010; the second reading and public hearing
on this matter was held on December 14, 2010.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Fellowship
Community Church for religious assembly within an existing 8,900 square foot building
located in the North Market Village Shopping Center at 7210 Williamson Road in the
Hollins Magisterial District is substantially in accord with the adopted 2005 Community
Plan, as amended, pursuant to the provisions 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 conditions:
a) The religious assembly use shall not exceed 8,900 square feet.
492 December 14, 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 Flora 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 asked everyone to please help remember our
servicemen and women who will not be home for the holidays; we love and appreciate
them all.
Supervisor Altizer thanked the Board for everyone's part in requesting the
Commonwealth Transportation Board to limit tractor trailers coming over Rt. 116, and
stated he thinks it is a decision the Board can all look to in the future for savings lives.
Based on that type of highway and the things that have occurred there, it is great for the
citizens of Franklin County, Roanoke County and really everybody in this valley who
travels that mountain to Smith Mountain Lake or to go to that part of Franklin County.
Supervisor Altizer thanked all the Board members for their support and to the
Commonwealth Transportation Board for recognizing the safety concerns. Secondly,
he stated he would like staff to communicate to the regional commission and would like
to see us again invite the City of Salem, Roanoke City, Roanoke County and the Town
of Vinton to look at regional stormwater basins. He stated he knows there was a study
done back in the mid to late 90's that the regional commission did and some of those
locations might well be still viable today and some of them may not because of the
growth that has occurred since. Supervisor Altizer reiterated stormwater management is
something the Board takes seriously and thinks it is prudent for us to look into where
Roanoke County can work with other localities and try to look at a regional approach on
regional stormwater and take a look at what that would cost. He added if Roanoke
County could get participation from all surrounding localities it could be a cost all
localities could afford. Supervisor Altizer asked that the process be started and
expressed his hope the Chairman could proceed.
Supervisor Flora wished everyone a very Merry Christmas and Happy
New Year. He further stated he was publically asking that staff thank the Police
Department for the way they handled the Brittany Smith abduction. He stated he thinks
they did a masterful job of keeping the issue before the public over and over again until
it finally got enough national attention that someone actually saw them and reported it.
He commented he thinks the Roanoke County Police Department did a fabulous job;
they brought the right people in, they did the right things at the right time and it just
December 14, 2010 493
worked out beautifully. Everyone is thankful.
Supervisor Elswick stated Chief Lavinder performed admirably and was an
excellent representative of Roanoke County. He further commented that on one of the
channels, the commentator said he was like an Andy Griffith and he hoped the Chief
appreciates that because he did look good, he made Roanoke County look good and
Supervisor Elswick expressed his opinion he ought to be commended. Supervisor
Elswick advised that he felt that a letter of appreciation or some token of our
appreciation should be sent to Theresa Shanley (the girl in San Francisco) who alerted
the police. Additionally, Mr. Elswick stated that he would like to propose staff continue
to talk about a citizen survey as he is a citizen advocate and thinks the Board should
also be citizen's advocates; as the County does not get enough input from civic leagues
because not all areas have them. He advised the ones that he attended, the people
there provide a lot of good input as to what their opinions are, what they think Roanoke
County ought to be doing, what they think Roanoke County should not be doing, but
there is not enough Civic Leagues in the County. He reiterated he thinks a good citizen
survey is something that ought to be done and kept on our agendas. Supervisor
Elswick then advised there has been all kinds of information, all kinds of letters to the
editor and editorials in the newspaper about the large wind mills. He stated he thinks it
is time that the County conduct a symposium of some kind and let anybody who has an
input, who is affected at all, who has good statistical data to present; good rationale;
one side or the other side that the County ought to sponsor such a thing as a
symposium for people to come in and speak or organizations to come in and speak for
or against those things. He added that based on some of the letters to the editor and
some of the editorials, people are calling each other names and he thinks that ought to
stop. He further added some of the people on Bent Mountain have been called zealots;
that is not nice and there is no reason for it. "If you want a windmill, then say you want it
and explain why. If you don't want one, say I don't want a windmill and explain why, but
don't call each other names." Supervisor Elswick stated that it is his opinion as a
County, if we sponsor a symposium where all sides could speak and have their opinions
heard, make sure that the Planning Commission people hear what is said and how the
meetings are conducted, and make sure all the Supervisors are there, the issue could
be aired openly and publically for all the people who ought to be listening to it.
Supervisor Elswick wished everyone a happy holiday.
Chairman Church thanked each Board member. He further advised that
Roanoke County has had some tough times this year, some tough economic times, a lot
of challenges and he wanted to take this opportunity to say thank you to each Board
member and to all the County employees and staff because everyone pulled together
and worked for the betterment of the people we serve. Additionally, Chairman Church
noted he always comments at Christmastime, why people cannot treat everyone like it
is Christmas all year long, it is a shame because for a twenty -five day period people
hold the door open, help each other and any other time push them out of the way.
Chairman Church commented he thinks everyone needs to find a way to treat each
r
494 December 14, 2010
other with sincerity and respect all year. Chairman Church stated that Roanoke County
had a very trying and sad occurrence that happened in the Catawba district that Mr.
Flora and Mr. Elswick had mentioned. He advised that he called and thanked Ray
Lavinder and had notes to do exactly what each had said. Chairman Church then
asked Mr. Goodman and Mr. Mahoney to prepare a special thank you to the Salem
Police, the Salem police, the FBI, the National Endangered Child Group as well as the
lady in San Francisco; think outside the box and thank them in a special way. Chairman
Church commented the community has lost a mother and offered the Board's
condolences to the family. Merry Christmas and God bless.
IN RE: ADJOURNMENT
Chairman Church adjourned the meeting at 8:13 p.m.
S Lbi tted Approved by: r
D ?-
13eborah C. &6cks VJoseph B. "Butch" Church
Clerk to the Board Chairman