HomeMy WebLinkAbout7/12/2011 - RegularJuly 12, 2011 425
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of July 2011. Audio and video recordings of
this meeting will be held on file for a minimum of five (5) years in the office of the Clerk
to the Board of Supervisors.
IN RE: CALL TO ORDER
Chairman Church called the meeting to order at 3:00 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Joseph B. "Butch" Church; Supervisors Michael
W. Altizer; Charlotte A. Moore; Eddie "Ed" Elswick and
Richard C. Flora
MEMBERS ABSENT: None
STAFF PRESENT: B. Clayton Goodman III, County Administrator; Diane D.
Hyatt, Assistant County Administrator; Daniel R. O'Donnell,
Assistant County Administrator; Paul M. Mahoney, County
Attorney; Deborah C. Jacks, Clerk to the Board
IN RE: OPENING CEREMONIES
The Pledge of Allegiance was recited by all present.
IN RE: NEW BUSINESS AND PUBLIC HEARING
1. Resolution requesting the Virginia Department of Transportation
to restrict through truck, or truck and trailer or semi - trailer
combinations on Route 657 (Crowell Gap Road), Cave Spring
Magisterial District (David Holladay, Planning Administrator)
Mr. Holladay outlined in April of this year, the Franklin County Board of
Supervisors initiated the requested restriction, however, since this road encompasses
both Counties, a public hearing needed to be held in both counties as well as approval
by both Boards. Franklin County held a public hearing on June 21, 2011, and adopted
a resolution supporting this restriction; which will not apply to local truck traffic for small
426 July 12, 2011
trucks. The restrictions proposed for Crowell Gap Road begin at the intersection of
Route 684, which is Boones Mill Road in Franklin County then traveling west and
ending at the intersection of Route 666, Bandy Road in Roanoke County. This distance
is approximately three point two (3.2) miles. The proposed alternate route begins at
Route 684, Boones Mill Road beginning at the same intersection traveling south
throughout Route 220 and then traveling north to Route 657, Crowell Gap Road near
the Back Creek Road Bridge and then traveling east to the intersection of Bandy Road.
This distance is twelve point one (12.1) miles.
The following citizen spoke. Mr. Larry J. Neuhs stated he lives on Crowell
Gap Road on the Franklin County side. He basically owns the left -hand side of the road
coming from Franklin County to the top of the mountain. He indicated he has a
neighbor with him that owns the opposite side of the road on the mountain side. He
stated they are both in favor of this truck restriction; he has been trying to get something
done for several items on the road. This is one of them. He remarked it is interesting to
see a fifty (50) ft. tractor /trailer come into the hollow, and he has pictures, try to make
the mountain, bounced all over, and could not get turned around. Basically, there are
signs that state not recommended for through trucks. He asked the driver if he did not
see the sign, he responded he saw it, but he is a good driver. It should have been
restricted and he would not have been in there. He came on in and was stuck; some
jockeying around had to be done to get him out. Other trucks have come in there that
had to be pulled out. It is just a bad, windy road. If you have not been through there, he
invited the Board to come through. He stated the road is very dangerous at times and
when the big trucks come in, they have nowhere to go; they have to be assisted to get
out. The GPS companies advertize it as a shortcut. He is really hoping that will come
out of this restriction, because it has been inferred to me the information will go to the
GPS companies showing it has been restricted so the truckers will know it is not a good
road to pursue. He stated he is definitely in support.
Supervisor Moore stated the unpaved portions are treacherous, even for
normal vehicles, there are a lot of steep drop offs, it is gravel and as Mr. Neuhs stated
once you get on that road there is no way to turn around. She stated most people who
know the road will not travel it, but with the new technology and GPS, some motorists
are guided over there and thinks it is a really good decision to put restrictions in place.
Supervisor Altizer stated he could identify with this resolution with what
was accomplished with Windy Gap. He stated he would like to caution everyone, GPS
will not do anything until VDOT tells them it has been enacted.
RESOLUTION 071211 -1 REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO RESTRICT THROUGH
TRUCK, OR TRUCK AND TRAILER OR SEMI - TRAILER
COMBINATIONS ON ROUTE 657 (CROWELL GAP ROAD), CAVE
SPRING MAGISTERIAL DISTRICT
July 12, 2011 427
WHEREAS, the Roanoke County Board of Supervisors and the Franklin County
Board of Supervisors have studied the possibility of placing a through truck, or truck and
trailer, or semi - trailer combinations restriction on Route 657 (Crowell Gap Road); and
WHEREAS, the through truck, or truck and trailer, or semi - trailer combinations
restriction is proposed for Route 657 (Crowell Gap Road) beginning at the intersection
of Route 684 (Boones Mill Road), then traveling west on Route 657 (Crowell Gap
Road), and ending at the intersection of Route 666 (Bandy Road), with the termini to
termini distance equaling approximately three point two (3.2) miles; and
WHEREAS, the alternate route proposed is Route 684 (Boones Mill Road)
beginning at the intersection of Route 657 (Crowell Gap Road), then traveling south to
Route 220 (Virgil Goode Highway /Franklin Road), then traveling north to Route 657
(Crowell Gap Road), then traveling east to the intersection of Route 666 (Bandy Road),
with the termini to termini distance equaling approximately twelve point one (12.1) miles;
and
WHEREAS, the alternate route has been found to be reasonable; and
WHEREAS, a public hearing was held on July 12, 2011, according to Section
46.2 -809 of the Code of Virginia, 1950, as amended.
NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board of
Supervisors requests the Virginia Department of Transportation to restrict through truck,
or truck and trailer, or semi - trailer combinations on Route 657 (Crowell Gap Road)
beginning at the intersection of Route 684 (Boones Mill Road), and ending at the
intersection of Route 666 (Bandy Road), with the termni to termni distance equaling
approximately three point two (3.2) miles; and
BE IT FURTHER RESOLVED that the County will use its offices for enforcement
of the proposed restriction in Roanoke County.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Clerk
of the Franklin County Board of Supervisors.
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: NEW BUSINESS
1. Request to approve Smith Gap Landfill Host Community
Improvement Fund, Public Improvement Plan Expenditures (David
Holladay, Planning Administrator)
In attendance with Mr. Holladay were Dan Miles, Executive Director of the
Roanoke Valley Resource Authority (RVRA) and Susy Snyder, Board member of the
Smith Gap Landfill Host Community. Mr. Holladay explained the Roanoke Valley
428 July 12, 2011
Resource Authority has requested the Board review and approve the public
improvement plan funded through the Landfill Host Community Improvement Fund to
bring wireless internet services into the area. RVRA approved on June 22, 2011, and
the Planning Commission approved on July 5, 2011.
Mr. Miles explained the funds must be expended on a public improvement
project to a resource authority project. Since the authority also needed internet service
they concurrently began conversations with the Host Community. He indicated they
held a meeting with fifty (50) residents, which was a great turnout. He further stated the
Host Community has been overwhelmingly supportive. Service is anticipated to be able
to start in sixty (60) days to the Bradshaw Community once approved by the Roanoke
County Board of Supervisors.
Ms. Snyder indicated the community will be overjoyed to obtain an
improvement in the wireless service as they now have dial -up service. Community has
voted unanimously in favor.
Chairman Church indicated he has been working with RVRA and the
Board for quite some time with this area. There is $150,000 in the fund which will be
used, which was placed in the fund for those living in the proximity to the Smith Gap
Landfill.
2. Resolution granting a waiver to Brandon LaCroix, Tournament
Chairman for the JJ Redick Celebrity Golf Tournament and Gala
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, Vinton Magisterial District
(Paul M. Mahoney, County Attorney)
In attendance with Mr. Mahoney was Brandon LaCroix, Tournament
Chairman. Mr. Mahoney explained the request.
Mr. LaCroix indicated this tournament will benefit CHIP, Children's Miracle
Network and the JJ Redick Youth Foundation. This will be an all day golf tournament
followed by an evening gala with a band outdoors at Ballyhack Golf Club. He indicated
there were not many homes in the area.
Supervisor Altizer indicated he had spent some time speaking with
Jonathan Ireland and Lester George this week; hopes this event will be a big success.
He stated the event will be in the clubhouse, which is away from a lot of homes.
Supervisor Elswick recommending inviting the neighbors to attend.
Supervisor Moore indicated the charities that would benefit are great
charities and thanked Mr. LaCroix for having the tournament.
Mr. Mahoney suggested the time be changed from 6:00 p.m. to 11:30
p.m., which Mr. LaCroix agreed to.
Chairman Church thanked Mr. LaCroix and asked him to thank Mr.
M,011 a55111
July 12, 2011 429
RESOLUTION 071211 -3 GRANTING A WAIVER TO BRANDON
LACROIX, TOURNAMENT CHAIRMAN FOR THE JJ REDICK
CELEBRITY GOLF TOURNAMENT AND GALA 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
WHEREAS, Brandon LaCroix, Tournament Chairman for the JJ Redick Celebrity
Golf Tournament and Gala, will be playing music outdoors on Saturday, July 23, 2011,
ending at 11:30 p.m. at the Ballyhack Golf Club located at 3609 Pitzer Road, Roanoke,
VA; and
WHEREAS, in order to accommodate the advertised time frame and to benefit
the community by raising funds to be donated to CHIP of the Roanoke Valley and the
Children's Miracle Network, Mr. LaCroix is requesting a waiver of the County noise
ordinance until 11:30 P.M., on Saturday July 23, 2011; 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 to avoid undue hardship upon consideration of
certain factors set forth in sub - section (b) of Section 13 -23 and after making certain
alternative findings.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the provisions of Section 13 -21. Specific acts as noise, sub - section
(5) and Section 13 -20. General prohibition of Article II. Noise be WAIVED from 6:00
p.m. until 11:30 p.m. on Saturday, July 23, 2011.
2. That this waiver is granted specifically to Brandon LaCroix, Tournament
Chairman for the JJ Redick Celebrity Golf Tournament and Gala, for the event
scheduled at the Ballyhack Golf Club on Saturday, July 23, 2011.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance authorizing the lease of space in the South County
Library to Johnson & Elich Roasters, Ltd. d /b /a Mill Mountain
Coffee and Tea for the operation of a coffee shop (Diane D. Hyatt,
Assistant County Administrator)
430 July 12, 2011
Ms. Hyatt explained this was the second reading and public hearing for
the lease of space to Johnson & Elich Roasters for 895 square feet in the South County
library. The lease is anticipated to run through September 30, 2014. Rent will start low,
approximately $500 a month and is based on a percentage of receipts, as business
increases, so will rental income. There were no citizens to speak on this ordinance.
ORDINANCE 071211 -4 AUTHORIZING THE LEASE OF SPACE
IN THE SOUTH COUNTY LIBRARY TO JOHNSON & ELICH
ROASTERS, LTD. D /B /A MILL MOUNTAIN COFFEE AND TEA
FOR THE OPERATION OF A COFFEE SHOP
WHEREAS, the new South County Library is currently being constructed and will
include a coffee shop area in the community section of the building consisting of a cafe
preparation area, counter area, seating area as well as a drive through window; and
WHEREAS, the County has negotiated a lease agreement with Johnson & Elich
Roasters, Ltd. d /b /a Mill Mountain Coffee and Tea for the operation of the coffee shop
for the initial period of October 1, 2011, through September 30, 2014, with the option to
extend the lease upon the certain terms and conditions, and that the rent for the leased
premises shall be based upon a percentage of gross sales from the coffee shop and
catering within the library; and
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading concerning the disposition of the herein - described real
estate was held on June 28, 2011; the second reading and public hearing was held on
July 12, 2011; and
2. That the property to be leased consists of 895 square feet located on the
1 St floor of the South County Library, as shown on the attached Exhibit "A "; and
3. That it is in the County's best interests to lease this property to Johnson &
Elich Roasters, Ltd. d /b /a/ Mill Mountain Coffee and Tea for the operation of a coffee
shop area in the South County Library.
4. That the County Administrator, or his designee, is authorized to execute
such documents and take such actions on behalf of Roanoke County as are necessary
to accomplish this transaction, all of which shall be upon a form approved 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
July 12, 2011 431
IN RE: APPOINTMENTS
1. Board of Zoning Appeals (appointed by District)
Supervisor Elswick has appointed Eldon Karr to represent the Windsor
Hills Magisterial District for an additional five -year term which will expire on June 30,
2016. Confirmation was placed on the Consent Agenda.
IN RE: CONSENT AGENDA
RESOLUTION 071211 -5 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for July 12,
2011, designated as Item I Consent Agenda be, and hereby is, approved and concurred
in as to each item separately set forth in said section designated Items 1 through 8
inclusive, as follows:
1. Approval of minutes —June 14, 2011
2. Request to accept and appropriate a Local Government Challenge Grant in
the amount of $5,000 from the Virginia Commission for the Arts
3. Request to accept and appropriate a donation in the amount of $500 for the
Blue Ridge Regional Crash Investigation Team for traffic safety projects for
fiscal year 2010 -2011
4. Request to accept and appropriate funds in the amount of $48,746 to the
Sheriff's Office from Federal Grant 12- D5846CR09, approved under the
Criminal Justice Systems Improvement Program from the Department of
Criminal Justice Services
5. Request from the Library to accept and appropriate a programming support
grant in the amount of $500 from the Commonwealth of Virginia Commission
for the Arts
6. Confirmation of appointments to the Board of Zoning Appeals (appointed by
District); Roanoke Valley Sustainability Consortium Steering Committee
7. Resolution adopting new Vinton Business Center Development Guidelines
and Protective Covenants and authorizing the recordation of such document
in the Circuit Court Clerk's office of Roanoke County, Virginia
432 July 12, 2011
8. Resolution expressing the appreciation of the Board of Supervisors of
Roanoke County to Shelia Rose Dooley, Customer Service Representative II,
upon her retirement after more than twenty -eight 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
A- 071211 -5.a
A- 071211 -5.b
A- 071211 -5.c
A- 071211 -5.d
A- 071211 -5.e
RESOLUTION 071211 -5.F ADOPTING NEW VINTON BUSINESS
CENTER DEVELOPMENT GUIDELINES AND PROTECTIVE
COVENANTS AND AUTHORIZING THE RECORDING OF SUCH
DOCUMENT IN THE CIRCUIT COURT CLERK'S OFFICE OF
ROANOKE COUNTY, VIRGINIA
WHEREAS, the Roanoke County Board of Supervisors on June 28, 2011,
repealed the existing proffered conditions on the McDonald Farm, now known as the
Vinton Business Center and adopted an amended Master Plan for the 97.17 acre tract
comprising the Vinton Business Center, Vinton Magisterial District; and
WHEREAS, new Development Guidelines and Protective Covenants have been
drafted and agreed to among the County of Roanoke, the Town of Vinton and Cardinal
IG Company, operating as Cardinal Glass, to govern and control the future development
and use of the property comprising the Vinton Business Center; and
WHEREAS, the Roanoke County Board of Supervisors, in conjunction with the
Town of Vinton and Cardinal IG Company, desires that the new Development
Guidelines and Protective Covenants for the Vinton Business Center be recorded
among the land records in the Clerk's Office of the Circuit Court of Roanoke County,
Virginia, so as to be perpetual restrictions running with the land.
WHEREAS, the reading of this resolution was held on July 12, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of
Roanoke County, Virginia, as follows:
1. That the attached Development Guidelines and Protective Covenants for the
Vinton Business Center, Exhibit "A" are hereby approved.
2. That the County Administrator is directed to execute the new Development
Guidelines and Protective Covenants for the Vinton Business Center on behalf of
the Board of Supervisors and to see to the recording of this document in the
July 12, 2011 433
Clerk's Office of the Circuit Court of Roanoke County, Virginia, upon the advice
and assistance of the Office of the County Attorney, once executed on behalf of
the Town of Vinton and Cardinal IG Company.
3. That this Resolution shall be in effect from its adoption.
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 071211 -5.g EXPRESSING THE APPRECIATION
OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY
TO SHELIA ROSE DOOLEY, PERMIT TECHNICIAN I, UPON
HER RETIREMENT AFTER MORE THAN TWENTY -EIGHT
YEARS OF SERVICE
WHEREAS, Shelia Rose Dooley was hired on July 13, 1983, in the Community
Development Department and held positions as Clerk Typist I, Clerk Typist II, Permits
Clerk, Customer Service Representative II and was promoted to Permit Technician I in
April 2011; and
WHEREAS, Ms. Dooley retired on July 1, 2011, as Permit Technician I in the
Community Development Department after twenty -eight years and three months of
devoted, faithful and expert service with the County; and
WHEREAS, during her time serving Roanoke County's Community Development
Department, Ms. Dooley was known as Ms. Permission to build in Roanoke County.
She was well known among all home builders, developers and contractors within the
valley. Shelia received many certificates of recognitions and awards for her outstanding
service to Community Development customers. She is also the recipient of the Above
and Beyond the Call of Duties (ABCD) award.
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 SHELIA ROSE DOOLEY for more than twenty -eight
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
434 July 12, 2011
IN RE: REQUESTS FOR WORK SESSIONS
Supervisor Altizer asked staff to gather information and schedule a work
session for the first meeting in August, if possible. He indicated there has been much
made in the newspaper through a study concerning secondary road maintenance being
turned over to the County from the State. He requested Mr. Goodman research the
costs associated for the citizens of Roanoke County if the State were to turn that
responsibility over to the localities. The Board will then need to discuss whether that
should be on the legislative agenda and also staff may want to invite State elected
officials to the work session to answer some questions on how they feel about this
subject.
Chairman Church stated he has been contacted by the local media
regarding this very issue. He whole- hearted endorsed and requested to join Supervisor
Altizer in his request.
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The first speaker was Mr. Bill Gregory of 3312 Pamilco Drive in Roanoke,
Virginia who stated he has been a resident of the County for approximately eighteen
(18) years. He thanked the Board for their decision to defer any action on the State
mandated Urban Development Areas (UDAs) at the last meeting. He stated he believes
this was an important first step toward keeping local governments, local. He continued,
because the residents of Roanoke County are being bombarded from mandates from
every direction to include the federal government, i.e. Federal agencies whose
authority is dubious at best, the State government and even more ominously from the
United Nations (UN). The information presented at the last meeting is worth examining
in regards to UN Agenda 21 and ICLEI because the Board of Supervisors can do
something about this. Roanoke County's involvement with ICLEI is a disservice to the
residents of the County. ICLEI though the County approved organization, RCCLEAR, is
implementing a program of greenhouse gas emission reductions that the majority of
County residents are not even aware of. This program is an extension of AGENDA 21
on their insistence that global warming is man -made; there is plenty of evidence to
suggest otherwise. The goals of the UN are planned out for the long -term, which is
even more dangerous to our way of life and established form of government, a republic.
He stated like a slow growing cancer, the implementation of those plans often goes
undetected until it is too late. ICLEI is the first cancer cell. He then asked, do we want
the presence of the UN by way of ICLEI in our County and does the Board as elected
officials want their authority undermined by the UN?
Mr. Noah Tickle of 1603 Frosty Lane, Roanoke, Virginia 24018 stated he
has been a Roanoke County resident since 1956, landowner and taxpayer since 1965.
He stated he took early retirement in 2004 and now has the time to contribute, enjoy
and share as a retired citizen. He further stated he will not run for office. If possible, he
July 12, 2011 435
would help and is trying to do that now. At the June 28 meeting, he requested that
Roanoke County remove all association with the International Council of Local
Environmental Initiatives, commonly known as ICLEI. Some citizens during the recent
past have become aware of ICLEI and are shocked about how far the UN has projected
its Agenda 21 into our local government. It has similarities with RCCLEAR, Smart
Growth, Roanoke Valley Alleghany Regional Commission, the Virginia Municipal
League, Western Virginia Land Trust, Roanoke Valley Cool Cities Coalitions, the Sierra
Club, just to name a few. He then stated "the camel gets his nose in the tent, now the
camel is in the tent." As a member of ICLEI, the ICLEI Charter 2.5 is explicitly
accepted. The Commonwealth of Virginia and local governments are authorized to
operate under the Constitution of the Commonwealth of Virginia, not the charter of the
United Nations accredited non - governmental organization. In fact, under Article I,
Section X of the United States Constitution of America, states are prohibited from
implementing foreign political initiatives through its promotion of states to engage in
treaties, alliances or confederates. ICLEI must go and it is also called sustainability. In
effect, this is to mandate international rule over localities. We need local people making
decisions; not people from non - governmental organizations out of the United Nations
telling us how to live here. They do not care, we care. We live here, they do not. We
occasionally do see each other, which helps with decisions we make. We look each
other in the eye and that makes a difference. ICLEI must go or the Board of
Supervisors will continue to lose their authority. We will continue to lose our liberty. Let
us take steps back to constitutional liberty. Thomas Jefferson in effect said "if we do not
chain the federal government down tightly, it will turn into a monster we do not want."
We are the worldwide example, let us do that. He stated he knows everyone agrees
with this, the majority want to be here. God save us. He ended by stating Spotsylvania
County at the same time as Roanoke County kicked the urban development areas down
the road, almost to the hour.
Ms. Robert Bondurant who lives at 11577 Bottom Creek Road and is a twenty -
two year resident of the Roanoke Valley and has lived on sixteen (16) years on Bent
Mountain. She stated that she will be reading from a document which she provided to
the Planning Commission in February. This is a letter written by Dr. Jerry Via, who is an
Assistant Dean and a Professor of Biology at Virginia Tech. He expressed his concerns
with regard to wildlife on Poor Mountain as the proposed wind turbine facility is under
consideration by the Board. She stated Dr. Via could not be in attendance today and
she had advised Dr. Via she would read his comments into the record and he hopes to
have an opportunity to speak at the public hearing. "During the early 1970's the
Roanoke Valley Bird Club along with many other clubs in Virginia, Tennessee and West
Virginia started following the migration of large raptors including hawks, eagles and
falcons along the ridges of the Blue Ridge and Southern Appalachians." In short, they
observed conditions on Poor Mountain for several years. Poor Mountain, to raptors,
was like an island, they witnessed numerous hawks as well as blue jays, and other
songbirds passing south during the daylight hours. In addition, Dr. Via observed many
436 July 12, 2011
species of song birds that migrate along the mountains at night. "They typically fly
anywhere from 3,000 to 6,000 feet altitude, but that can vary depending on weather and
wind conditions. It is hard to determine the numbers at night but much easier to observe
their behavior during the day. Shortly after day break, these song birds "drop out" and
come into the trees to feed and replenish their energy reserves. The places where they
first drop out are the ridge tops of our local mountains. Later in the day they move down
from the ridge tops to other feeding areas." She stated Dr. Via expressed his "sadness
to notice the mortality of birds that had flown into the guide wires and transmission
towers on top of Poor Mountain." He remembered "one day the count was over 60
birds, mostly vireos and warblers. This is not unique to Poor Mountain and these types
of towers with blinking lights lure nocturnal migrants into their structures on foggy nights
and mornings." In short, he recommended against four hundred (400) foot turbines
because of the damage they do, the destruction to migrating fowl and to bats and
insects, basically pollinators. She stated as a citizen and not a scientist, her concern is
that we are impacting our tourist industry and our recreation, but also that we are
impacting our agriculture
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Altizer,
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Reserves
3. Reserve for Board Contingency
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Moore stated her congratulations to Fire Academy 14, who
graduated last week; good luck in their new careers, may God bless them and may they
always be safe. Additionally, she advised RCCLEAR is an educational committee;
educating the public and she encourages all citizens to be more involved in this
because we all want to breathe clean air and have clean water and have a clean valley
for all of our loved ones to enjoy as we have been allowed to do.
Supervisor Altizer stated his comments relate back to the request for work
session about secondary roads being considered to be brought to localities. Many of
our citizens have heard the Board talk about things that have been brought down to
local government. Local government has nowhere to go but to the citizens of Roanoke
County. The federal government can pass down what it sees fit to the State and the
July 12, 2011 437
State can pass down to the localities and he just wants to give everyone sort of a recap
of what has happened to Roanoke County since the 2008 -2009 budget years. Over
this time period, the schools in Roanoke County actually this budget year are receiving
$14,881,000 less than the 2008 -2009 year. Roanoke County is receiving $3,521,214
less than in 2008 -2009. As the State balances its budget, and he understands that, but
when you get down to the local level when Roanoke County has tried to reduce the size
of government, by not filling positions, and have taken positions that are not going to be
filled, but yet, Roanoke County continues to take hits year in and year out. In a line by
line item on the Commonwealth of Virginia reductions in aid to localities, this Board gets
a little agitated every July and it is called what we deemed in the 2008/2009 year, aid to
the State, because that is exactly what it is. Roanoke County wrote the State of Virginia
a check for $526,000 and in 2009/2010 the check was for $529,000 and 2010/2011 the
check was for $630,000 and in the last budget year Roanoke County wrote a check for
$580,000. The local level can only do so much and when the State talks about passing
a share of Medicaid to localities, CSA reimbursements and now secondary roads.
There is nowhere to go but to the citizens. He encouraged every citizen that is watching
this and is sitting here to talk to their State elected officials about understanding things
they are passing and the impact it is going to have on the citizens they represent back
home. He reiterated the Board cannot do it alone. He commented Ronald Regan made
a statement back in a speech to the citizens of this Country back in the 1980's, "you
cannot do it alone, you need to call your congressmen, and you need to call your
senators." The State elected officials need to hear from citizens that the backbone of
the local government is only as strong as what our citizens can bear. He stated they
are bearing a lot.
Chairman Church stated the Board is increasingly being hit by yet another
series of "adjustments ". He stated he calls it helping to balance the State budget on the
backs of local government. The Board has sent some harsh resolutions back to
Richmond as recently as last year, letting them know Roanoke County is not happy, our
citizens have taken an exception, the Board has taken exception. Mr. Tickle mentioned
talking about seeing the local officials; the Board can be seen in Walmart, Kroger, etc.
The citizens need to do the same with the State elected as Supervisor Altizer has
stated. There can be three hundred (300) people in this room over an important item,
the local governments need to have fifty (50) or seventy -five (75) lined up at their door
because they represent the same customer as this Board does. These State elected
officials are there for the citizens; they will not hide from you, However, when they hear
from local, elected Board members sometimes the importance is not placed on the
situation. If they have two or three hundred emails or fifty citizen visits, you will get their
attention. Remember there are a limited number of delegates and senators for our area.
Keep in mind Northern Virginia and Tidewater are areas Roanoke County has to
combat against and it like "jumping out of an airplane" never knowing where you are
going to land. That is how the Board feels about June 30 and even when the school
budgets are being negotiated, when the Board is trying to find funds because when the
438 July 12, 2011
State cuts the schools, it also cuts this Board, because helping the school side is
becoming almost increasingly impossible. Chairman Church stated he hopes that the
Board will include in its legislative action going to Richmond a strong wording of alarm
because there is no place to go, the Board is in a corner and the next place to go is to
the citizens. Roanoke County has been managed very well so far, there have not been
any tax increases and the Board wants to keep it that way.
IN RE: CLOSED MEETING
At 3:52 p.m., Chairman Church moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2.3711.A.1.
Discussion concerning the assignment, appointment, promotion, performance,
demotion, salaries, disciplining, or resignation of specific public officers, appointees, or
employees; Discussion concerning the appointments to the Virginia Western
Community College Board; Roanoke Valley Sustainability Consortium Steering
Committee and Section 2.2.3711.A.3. To discuss or consider the acquisition of real
property for public purposes, where the discussion in an open meeting would adversely
affect the bargaining position or negotiating strategy of the County. The motion carried
by the following recorded vote:
AYES: Supervisors Moore, Altizer, Flora, Elswick, Church
NAYS: None
The closed session was held from 5:06 p.m. until 6:27 p.m.
IN RE: WORK SESSIONS
1. Work session on amendments to the Roanoke County Zoning
Ordinance dealing with Large Wind Energy Systems and Utility
Wind Energy Systems (Philip Thompson, Deputy Director of
Planning)
In attendance for this work session was Philip Thompson, Deputy Director
of Planning and B. Clayton Goodman III, County Administrator. The session was held
from 4:08 p.m. until 4:29 p.m. Mr. Goodman explained during the last meeting, there
were only four Board members in attendance. It was the consensus of the Board to
bring this item back before a full Board. He indicated staff would like to receive direction
with regard to this item on how the Board wants to proceed on the Planning
Commission's recommendation. Chairman Church indicated he believes the Board is
now ready to move forward to the first reading and opened the floor for discussion.
Supervisor Flora stated he would like to move forward advising he feels
the County needs an ordinance with some guidelines so that everyone will know what
Roanoke County is expecting. He explained this does not mean the Board approves all
windmills. Additionally, he noted if the ordinance is not approved, it does not mean
July 12, 2011 439
windmills are done, just that there are no guidelines. He then explained the only
complaint he has heard is with the setback not being quite adequate at one hundred
and ten percent, but within forty (40) feet of the property line, other than that he has not
heard a great deal of comments. Chairman Church asked Mr. Mahoney to explain what
would happen with an application that came in now without this ordinance. Mr.
Mahoney explained if an application were filed, it could be treated as a major utility and
with the standards currently in place, there are eight (8) criteria, of those, two to three
(2 -3) apply to water and sewer matters. He stated it is his opinion the existing criteria
provides sufficient guidelines or standards by which the Board could judge any
application. The ordinance that is being recommended by the Planning Commission
sets out good guidelines, standards, studies and reports that any applicant would have
to provide to the Board, the Planning Commission and the citizens for review and
comment. The staff recommendation does provide the Board with a better set of tools
to analyze any application that might be forthcoming.
Supervisor Altizer stated he is also in favor of moving forward. He
explained he had spoke with two citizens from the mountain today and discussed the
special use permits. He stated the Board can debate one hundred and ten (110 %),
2,600 feet from the house, etc. There is a time and place to debate that, but under
utility standards major, which is what windmills would come under, the criteria is just
related to water and sewer. One of the things that he had notes was "no major utility
service shall be located within one hundred feet of an existing residence. That would be
the guideline the Board would use if it received a petition before there is an ordinance
adopted. The "minimum lot size may be reduced as part of the approval of the special
use permit, provided all setback and yard requirements are met" When you go back to
the Code that exists now, the front part "fifty (50) feet setback ", side yard "twenty -five
(25) feet ", rear yard "thirty -five (35) feet. This ordinance is about (and no disrespect to
Bent Mountain) Roanoke County and where one could or could not be placed. This
Board has to do what it feels best protects Roanoke County and in doing so, protecting
the citizens and when you look at the criteria in place today, he does not think anyone
would be happy with that set of criteria. Supervisor Altizer stated he concurs with
Supervisor Flora that the Board needs to get an ordinance and debate the ordinance
when it comes forward. The Board has to position Roanoke County to be in the best
possible position to represent its citizens. He stated he is intending to support moving
this to the next available date for first reading.
Chairman Church stated he felt there should to be a full Board
present, because there is not an application now, and if one came in it would be
detrimental to everyone in the room. This is a methodical movement to get something
officially started and then that starts the negotiation for any and every application. The
work begins after the first and second reading and an application is received.
Supervisor Elswick stated he understands Roanoke County needs an
ordinance and the Board is moving in that direction. He explained he would like to
recommend to those members of the Board who have not visited to look at the West
440 July 12, 2011
Virginia wind farm and compare that community versus the first planned community
here, Poor Mountain and see how many people live there, what has already been done
to the mountains, the amount of clearing required, etc. He advised when the local paper
visited the area, the reporter did a very good article, not pro or con, but none of the rest
of us who had been there had actually talked to any residents; there was an assumption
no one lived there. There are some people that live within three quarters of a mile and
the reporter interviewed all those people. He recommended the Board members read
the article, and get a feel for what it is like to live near a wind farm. Look at Poor
Mountain, the number of people that live near the proposed installation and the impact it
would have on them based on how it impacts the people in West Virginia. He stated he
would like to see the ordinance reflect reality. At this point, there are obviously some
things that most of us would change about it and that is not why we are here today; they
will be discussed during the first reading. He further requested the Board look at the
economics behind it, the motivation and the appropriateness of large wind turbines
ought to be located. If you put a lot of large wind turbines on top of a mountaintop
removal site, it makes it look better. If you put them where a lot of people live then there
are other factors that need to be taken into consideration. Personally, he believes the
money the government subsidies the industry for, if that same money went to solar
panels to put on this building and other businesses in the valley or individuals homes, it
would be nice to see a calculation as to whether or not the polar panels the same
amount of money that is put out with wind turbines. In these rural communities, which is
where they will go, consideration should be given to how the people live and why do
they live in a mountain area. There the mountains are part of the people's homes.
When he and other people drive home, the first thing they look at is "there is my
mountain ". It is not ours, it belongs to somebody else, but it is still part of our home, it is
a very expansive home compared to an urban area and the people tend to be really
close, you know everybody, and you wave when you pass them in a car and those kind
of atmospheres are rare and he thinks the Board needs to do everything it can to try
and retain them. He further stated obviously there are things the Board needs to look at
and would encourage everyone to have an open mind about it and try to make the
ordinance reflect reality a little more than it does today.
Supervisor Moore indicated she concurred and stated an ordinance is
needed and the Board needs to move forward.
Supervisor Flora stated the Board adopts imperfect ordinances all the
time, his experience has been that you adopt the best ordinance you possibly can and
when you get down the road and deal with it you find where the loopholes are and
where the land mines are and you change it. At least Roanoke County will have
something to start with; improvements can be made as the County learns. You really
do not get the feel on how it is going to do until you have sat through it; an enlightening
experience.
Chairman Church stated the first reading is to get started, to put on a
tract to fine tune. Ordinances are not in concrete and stone forever. He stated it is
July 12, 2011 441
consensus of the Board to move forward.
Mr. Goodman stated he would recommend the first reading be held at the
July 26, 2011, meeting and the public hearing and second reading be held on August
23, 2011.
Supervisor Elswick stated one thing to keep in mind, if an ordinance is not
correct it can be changed later on. In this case, the windmills cannot be taken down, so
changing the ordinance would be irrelevant at that point. He stated he still advocates
making the ordinance as accurate as it possibly can be because none of the Board
members know very much about large wind turbines. There are some people that do
and he would still like to have some of those experts talk to the Board; this is a really big
issue for any community where these things are going to be installed. He further
clarified this will change their whole way of life, it changes the entire community and to
him is one of the most serious issues the Board will ever have to debate. He stated he
would like to see the ordinance be a little closer to reality.
Chairman Church stated he does see Supervisor Elswick's point, as this is
not your average ordinance, but feels the entire Board knows that. He stated he
planned to go independently to visit the farm in West Virginia and encourages everyone
to do the same.
2. Work session to discuss proposed leases with the civic group to
operate a community center and Roanoke County School Board
(B. Clayton Goodman III, County Administrator)
In attendance for this work session was B. Clayton Goodman III, County
Administrator and Paul M. Mahoney, County Attorney. The work session was held from
4:29 p.m. until 4:48 p.m.
Mr. Goodman explained that he was providing a progress report to the
Board with regard to Bent Mountain concerning the proposed community center. He
advised there is a good plan to proceeding with establishing the community center; use
the smaller area first, the gym and the kitchen. He advised based on Board consensus,
$32,000 would be allocated for start -up to reproduce on a smaller scale what was seen
in Shawsville. The next step is to lease the elementary school from the School Board; a
draft copy has been provided and explained no negotiations have been entered into.
He asked that the Board members provide him with any comments on this lease. He
explained he would like to move forward and sit down with the School Board and bring
back a lease that both parties can agree on. Supervisor Altizer asked if the citizens
have seen the lease, with Mr. Goodman advising in the negative.
Supervisor Moore inquired with regard to the insurance indemnity, it states
that the landlord shall obtain and carry the insurance. She asked how this would work
as far as the School Board would have insurance policy on the whole school, how would
the insurance work for just the gym. Mr. Mahoney explained the School Board would
still be the owner and Roanoke County would have to obtain liability coverage; and the
442 July 12, 2011
sublessee will need to obtain liability coverage as well. When that point is reached,
negotiations will need to be held with different insurance representatives to make sure
all the coverages protect all the parties. Mr. Goodman explained he had advised the
citizens of Bent Mountain that Roanoke County would provide the liability insurance and
the cost was included as a Roanoke County cost item. He further indicated if the
Schools ever conveyed the property to the County, Roanoke County would have to
protect the loss. Supervisor Moore inquired if Roanoke County would carry the liability
insurance and the Schools would carry the hazard insurance with Mr. Goodman
responding in the affirmative.
Supervisor Elswick stated the odds are pretty good that Roanoke County
will end up with the whole facility based on the feedback he has received based on
potential attendance records. He explained that a survey that was sent to all the
citizens on the mountain as to volunteer, what types of activities, etc. He advised they
received a twenty percent (20 %) return which is a very good response. Forty -eight
percent (48 %) of those responding indicated they would be willing to volunteer and work
in the facility. This would be a good thing for the community and the community is very
interested.
Mr. Goodman stated there was a lot of opportunity, for example a small
scale farmers market. This is an opportunity to engage the citizens and they will need
to buy into as well; because without the community support it will not work and it will
have to close.
Chairman Church asked if Mr. Goodman was using Shawsville as an
example with Mr. Goodman explaining he had used them as an outline because it was
quite successful.
It was the consensus of the Board for Mr. Goodman to start negotiations
with the School Board.
Mr. Goodman explained the second lease is with the civic group. A
separate group has been formed. Basically the lease states the property is being
leased to the civic group and may be used for the purposes as outlined. He advised
changes will most likely be made based on conversations with the community. He
stressed the importance of the lease is to make sure the community understands what it
is going to do and what Roanoke County is going to do. For example, Roanoke County
will provide one day a week cleaning for five hours, the community will provide the
remainder of the cleaning. The community will open and close the building. Mr.
Goodman stressed staff does not want to craft an agreement that stifles the ability to
make it work. When working with volunteers, he stated it is important to define what
they are doing so there is consistency and will be successful.
Chairman Church and Supervisor Elswick both commended Mr. Goodman
on his work on this. It was the consensus of the Board to move forward and schedule a
meeting with the School Board and community. Additionally, Board members will
contact Mr. Goodman with any questions or concerns.
July 12, 2011 443
3. Work session to discuss two proposed surveys (B. Clayton
Goodman III, County Administrator)
The work session was held from 4:46 p.m. until 4:48 p.m. Mr. Goodman
explained this work session was the request of Supervisor Flora to discuss an employee
survey and Supervisor Elswick wanted to discuss a citizen's survey.
Supervisor Flora stated he did not want to spend any funds on a survey
and felt that between Roanoke College and Hollins University a questionnaire can be
prepared and distributed so that all employees will have an opportunity to respond
without someone in the County being made aware of who is saying what. He stated he
is concerned about the effect on the employees based on four years without raises,
downsizing and additional work. He stated he knows from past experience, these
colleges have a specific class to deal with these types of surveys. Additionally, the
schools can come out on site, distribute and collect the survey and then take back with
them. He stated it is very important that information be secured. Supervisor Flora
further stated if the Board is in agreement, he would be glad to discuss with both
colleges. Supervisor Altizer stated that it should be interesting to see what the
employees will say; some things can change and some cannot. He stated he is in
agreement only on a no -cost basis. Chairman Church indicated he had no problems
with checking the "pulse "; however, something must be done with the expectation.
Supervisor Moore stated she felt it was a good idea as she valued employee comments.
She stated she would reemphasis with computers and tracking, employees may feel
uncomfortable doing it that way. She suggested that maybe they could be sent out and
returned and sent as one entity to the college. Supervisor Elswick stated he thought it
was a good idea. Supervisor Elswick then stated he wanted to know what the citizens
of Windsor Hills think of what the Board is doing and would also like to see a survey of
all County residents. He asked Supervisor Flora if the colleges could assist with this as
well. Supervisor Flora stated that he would ask, but would prefer they come in and hear
it directly from the Board at work session. There will be some expense. It was the
consensus of the Board for Supervisor Flora to contact the colleges and advise the
outcome to the Board.
ME
IN RE: ADJOURNMENT
July 12, 2011
Chairman Church adjourned the meeting at 6:28 p.m.
Submitted by:
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Deborah
Clerk to the Board
Approved by:
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osep B. "Butch" Church
Chairman