7/23/2013 - Regular (3)June 25, 2013 239
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the fourth Tuesday and the second
regularly scheduled meeting of the month of June 2013. 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: OPENING CEREMONIES
Before the meeting was called
Reverend Ray Robinette of Grace Bible Church
by all present.
IN RE: CALL TO ORDER
taken.
to order an invocation was given by
. The Pledge of Allegiance was recited
Chairman Altizer called the meeting to order at 6:33 p.m. The roll call was
MEMBERS PRESENT: Chairman Michael W. Altizer; Supervisors Joseph B. "Butch"
Church, Eddie "Ed" Elswick, Richard C. Flora and Charlotte
A. Moore
MEMBERS ABSENT: None
STAFF PRESENT: B. Clayton Goodman III, County Administrator; Daniel R.
O'Donnell, Assistant County Administrator; Richard
Caywood, Assistant County Administrator; Paul M.
Mahoney, County Attorney; and Deborah C. Jacks, Clerk to
the Board
IN RE: CLOSED MEETING
At 6:34 p.m., Chairman Altizer moved to go into closed meeting following
the work session pursuant to the Code of Virginia Section 2.2 -3711 A 5. — Discussion
concerning a prospective business or industry or the expansion of an existing business
or industry where no previous announcement has been made of the business' or
industry's interest in locating or expanding its facilities in the County. The motion
carried by the following recorded vote:
240 June 25, 2013
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
The closed session was held from 6:37 p.m. until 6:53.p.m.
IN RE: CERTIFICATION RESOLUTION
At 6:59 p.m., Chairman Altizer moved to return to open session and adopt
the certification resolution.
RESOLUTION 062513 -1 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 Altizer to adopt the resolution and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Virginia Western Community College (VWCC) recognition of
contributions to the Community College Access Program (CCAP)
(B. Clayton Goodman III, County Administrator)
In attendance for this recognition were Dr. Angela Salconetti, Vice
President of Institutional Advancement at Virginia Western and Tracy Smith, Chief
June 25, 2013 241
Financial Officer of Optical Cable. All Supervisors offered their thanks to both Virginia
Western and Optical Cable.
2. Resolution expressing the appreciation of the Board of
Supervisors of Roanoke County to Rodney P. Ferguson, Jr.,
Battalion Chief — Training upon his retirement after more than
thirty -one (31) years of service (Richard E. Burch, Jr., Chief of Fire
and Rescue)
In attendance for this recognition were Rodney Ferguson, his wife Sheila
and his daughter Taylor. All Supervisors offered their thanks and congratulations.
RESOLUTION 062513 -2 EXPRESSING THE APPRECIATION OF
THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO
RODNEY P. FERGUSON, JR., BATTALION CHIEF - TRAINING,
UPON HIS RETIREMENT AFTER MORE THAN THIRTY -ONE
(31) YEARS OF SERVICE
WHEREAS, Rodney P. Ferguson, Jr. was hired on January 1, 1982, and has
worked as an Animal Control Officer, Firefighter, Fire Inspector, Fire Lieutenant,
Prevention Captain, Operations Captain, Battalion Chief — Operations, and Battalion
Chief — Training during his tenure with Roanoke County; and
WHEREAS, Mr. Ferguson retired on June 1, 2013, after thirty -one (31) years and
five (5) months of devoted, faithful and expert service with the County; and
WHEREAS, during his time serving Roanoke County, Chief Ferguson throughout
his tenure with Roanoke County Fire and Rescue Department was a mentor to fellow
employees; and
WHEREAS, Chief Ferguson was a leader in arson investigation for Roanoke
County along with providing assistance to neighboring jurisdictions; and
WHEREAS, Chief Ferguson was instrumental in the development and
construction of the burn building at the Roanoke Regional Fire -EMS Training Center as
the project manager; and
WHEREAS, Chief Ferguson implemented enhanced fire -EMS training for all of
the Department which incorporated firefighter survivability during May -Day situations
where loss of life or serious injury for a firefighter is the greatest; and
WHEREAS, his devotion to training both for himself and others will be his lasting
legacy on county emergency personnel; and
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 RODNEY P. FERGUSON, JR. for more than thirty -
one (31) years of capable, loyal and dedicated service to Roanoke County; and
242 June 25, 2013
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 roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
3. Recognition of Dr. Gerald "Wook" Beltran, Operational Medical
Director for the Fire and Rescue Department, for receiving the
Western Virginia Emergency Services (WVEMS) Award for
Physician with Outstanding Contribution to EMS (Richard E.
Burch, Jr., Chief of Fire and Rescue)
In attendance for this recognition were Chief Richard E. Burch, Chief
Steve Simon, Dr. Beltran and Rob Logan, Executive Director of the Western Virginia
EMS Council. All Supervisors offered their congratulations and thanks.
IN RE: BRIEFINGS
1. Vietnam War Commemorative Partner Program (B. Clayton
Goodman III, County Administrator)
Mr. Goodman gave a brief overview of the program. Chairman Altizer
gave an overview of the Flag Day celebration that was held on June 14, 2013.
Chairman Altizer offered the plaque and flag that was presented during the celebration
to Mr. Goodman and requested he display somewhere on the first floor so that all
citizens will be able to see.
IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES
1. Ordinance approving the lease and purchase of the Regional
Pound Facility from the Roanoke Valley Society for the Prevention
of Cruelty to Animals, Inc. (Due to time constraints, it is requested
that, upon a four - fifths vote of the Board, the second reading be
waived and the ordinance adopted as an emergency measure.) (B.
Clayton Goodman III, County Administrator)
Mr. Goodman explained this was a continuation from December and gave
a brief timeline on the transition to the ownership of the four local governments. He
indicated that the Town of Vinton and the City of Roanoke have approved the lease and
purchase and Botetourt County is in the process of bringing forward to their Board.
June 25, 2013 243
Mr. Mahoney requested discretionary authority for himself and Mr.
Goodman as he stated they are still working on the language of the lease.
Chairman Altizer opened and closed the public hearing with no citizen to
speak on this issue.
Supervisors Church and Elswick both commented they are in full support
of this item.
ORDINANCE 062513 -3 APPROVING THE LEASE AND
PURCHASE OF THE REGIONAL POUND FACILITY FROM THE
ROANOKE VALLEY SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, INC.
WHEREAS, on January 7, 2013, Roanoke City, Roanoke County, Town of
Vinton, and Botetourt County entered into the Roanoke Valley Regional Pound
Agreement providing for the operational control of a single animal control shelter
effective on July 1, 2013; and
WHEREAS, by this agreement the participating localities also agreed to enter
into a ground lease with an option to purchase the Regional Pound property located at
1340 Baldwin Avenue, NE, Roanoke City from the Roanoke Valley Society for the
prevention of Cruelty to Animals, Inc. (SPCA); and
WHEREAS, the participating localities and the SPCA have negotiated a
lease /purchase agreement for the temporary lease of this property until the closing on
the real estate transaction can occur; and
WHEREAS, this ordinance authorizes the lease and purchase of the Regional
Pound facility from the SPCA pursuant to the January 7, 2013, agreement and the
lease /purchase agreement dated June 26, 2013; 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 June 25, 2013, and the second reading of
this ordinance has been dispensed with since an emergency exists, upon a 4 /5ths vote
of the members of the Board.
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Lease /Purchase Agreement dated June 26, 2013, is hereby
approved; and
2. That the lease of the Regional Pound facility located at 1340 Baldwin
Avenue, NE, Roanoke, VA (Tax Map #3210434) from July 1, 2013 until the date of
closing on the purchase of the facility by the localities, is hereby approved; and
3. That the purchase of the Regional Pound facility located at 1340 Baldwin
Avenue, NE, Roanoke, VA (Tax Map #3210434), is hereby approved; and
4. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
244 June 25, 2013
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 Church to adopt the ordinance and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. The petition of Larry and Rhonda Conner to obtain a Special Use
Permit in a R -1, Low Density Resident, District for an accessory
apartment on approximately 4.68 acres, located at 6185/6183 Bent
Mountain Road, Windsor Hills Magisterial District (Philip
Thompson, Deputy Director of Planning)
Mr. Thompson explained the petition and advised the Planning
Commission approved June 4, 2013, five to zero with two conditions.
Chairman Altizer opened and closed the public hearing with no citizens to
speak on this item. There was no discussion.
ORDINANCE 062513 -4 GRANTING A SPECIAL USE PERMIT
FOR AN ACCESSORY APARTMENT ON APPROXIMATELY 4.68
ACRES LOCATED AT 6185/6183 BENT MOUNTAIN ROAD (TAX
MAP NO. 96.01 -3 -36) WINDSOR HILLS MAGISTERIAL
DISTRICT, UPON THE PETITION OF LARRY AND RHONDA
CONNER
WHEREAS, Larry and Rhonda Conner have filed a petition for a special use
permit for an accessory apartment on approximately 4.68 acres located at 6185/6183
Bent Mountain Road (Tax Map No. 96.01 -3 -36) in the Windsor Hills Magisterial District;
and
WHEREAS, the Planning Commission held a public hearing on this matter on
June 4, 2013; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 28, 2013; the second reading and public hearing on this
matter was held on June 25, 2013.
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 Larry and
Rhonda Conner for an accessory apartment on approximately 4.68 acres located at
6185/6183 Bent Mountain Road in the Windsor Hills Magisterial District is substantially
June 25, 2013 245
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 applicant shall provide an elevation certificate to the County's
Department of Community Development prior to occupancy of the
accessory apartment.
b) All building and zoning permit approvals shall be received prior to
occupancy of the accessory apartment.
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 provisions of this special use
permit are not severable. Invalidation of any word, phrase, clause, sentence or
paragraph shall invalidate the remainder. 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 Elswick to adopt the ordinance and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
1. The petition of Fellowship Community Church to obtain a Special
Use Permit in a R -1, Low Density Residential, District for the
construction of an overflow parking lot on approximately 0.412
acre, located at 1230 Red Lane Extension, Eagle View Estates,
Catawba Magisterial District (Philip Thompson, Deputy Director of
Planning)
Mr. Thompson outlined the petition and advised the Planning Commission
had approved five to zero on June 4, 2013 with three conditions.
Mary Ellen Goodlatte, attorney, gave an overview of the project on behalf
of the petitioner.
Chairman Altizer opened the public hearing and the following citizen
spoke concerning this agenda item:
Jim Powell of 1234 Red Lane Extension stated his property adjoins the
parking lot. The only opposition he has is what kind of shrubbery is going to be planted
there. He advised he is strongly against any tall trees that would come up because it
would block their view of the mountain, God's gift to us. He has the best view of all and
provided the Board with pictures of his property. A picture is worth a thousand words.
He stated he has no objections to small box bushes, hedge rows put there that are not
more than three or four feet tall. If you plant big trees up there, when they start growing,
246 June 25, 2013
they will not be able to see the mountain. He stated he does not know of anything else
he can add.
Chairman Altizer then closed the public hearing.
Supervisor Church inquired of Ms. Goodlatte about the buffers, can they
help. Ms. Goodlatte stated Roanoke County staff has been very forthcoming in offering
to be of assistance to both the church and Mr. Powell as the landscaping is placed on
that strip. This is a required type "C" buffer. The County ordinance requires that this be
installed, but there are options that are available to the property owner. Mr. Murphy and
Mr. Thompson have expressed a willingness to be thoughtful as far as how we can
place the landscaping so as not to obstruct Mr. Powell; they are very sensitive to that.
Supervisor Church then inquired if the church and Ms. Goodlatte are in agreement with
the other three conditions with Ms. Goodlatte responding they are in full agreement.
She further indicated they are required by Roanoke County ordinance to landscape the
property; the church must follow the rules as laid out by the County with respect to that
ordinance. They have no ability not to landscape it. They will be thoughtful and careful
with respect to how that landscaping is placed with input from staff.
Supervisor Elswick stated he is not a hundred percent familiar with what
kind of buffering the County requires. He asked Mr. Thompson if the County requires
tall trees or short trees. Mr. Thompson stated staff has some flexibility. There are
options. Depending on what type of buffering you are going with there are typically
different options. He advised they would probably look at shorter, deciduous trees, not
evergreen trees. They would probably look at utilizing evergreen shrubs instead of
trees, something low growing. After the Planning Commission meeting, he spoke with
John Murphy and they can be arranged in groupings so you do not have to block the
entire view. He reiterated staff will work with Mr. Powell and the church. They will
develop a site plan and staff will try to meet with Mr. Powell to make sure he sees it
before anything is planted. Supervisor Elswick inquired is the purpose of the buffer to
shield the parking lot from the neighbor with Mr. Thompson responding affirmatively.
Supervisor Elswick stated so the neighbor should probably be allowed to approve the
buffering. Mr. Thompson advised staff would take his input as part of the consideration.
There was no further discussion.
ORDINANCE 062513 -5 GRANTING A SPECIAL USE PERMIT
FOR RELIGIOUS ASSEMBLY TO CONSTRUCT AN OVERFLOW
PARKING LOT ON A 0.412 ACRE LOCATED AT 1230 RED
LANE EXTENSION (TAX MAP NO. 45.02 -2 -11) CATAWBA
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 construct an overflow parking lot to be located at 1230
Red Lane Extension (Tax Map No. 45.02 -2 -11) in the Catawba Magisterial District; and
June 25, 2013 247
WHEREAS, the Planning Commission held a public hearing on this matter on
June 4, 2013; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 28, 2013; the second reading and public hearing on this
matter was held on June 25, 2013.
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 to construct an overflow parking lot on 0.412
acre located at 1230 Red Lane Extension in the Catawba 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 site shall be developed in general conformance with the concept
plan dated March 28, 2013, and prepared by Hughes & Associates.
b) The parking or storage of church vans or busses shall be prohibited.
c) No light poles or lighting fixtures shall be installed within the parking
lot.
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 provisions of this special use
permit are not severable. Invalidation of any word, phrase, clause, sentence or
paragraph shall invalidate the remainder. The Zoning Administrator is directed to
amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church to adopt the ordinance and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
3. The petition of Carol Lachowicz to obtain a Special Use Permit in
a AV, Agricultural/Village Center, District for the operation of a
automobile repair services, minor on approximately 4.476 acres,
located at 8364 Bent Mountain Road, Windsor Hills Magisterial
District (Philip Thompson, Deputy Director of Planning)
Mr. Thompson explained the petition; minor auto repair services and
advised the Planning Commission approved on June 4, 2013, four to one with four
conditions.
248 June 25, 2013
Supervisor Elswick stated one of the conditions on the ordinance is the
hours of operation, which is 8 to 7, Monday through Saturday. Staff recommended 8 to
5, Monday through Friday. Mr. Thompson advised the original operation they are going
to start with is 8 to 5. Staff put the condition 8 to 7, Monday to Saturday to allow
expansion of hours; otherwise, they would have to come back with a new special use
permit. Supervisor Elswick explained this is a good thing for the neighborhood, but right
across the road is a nice subdivision and he does not want to detract from the looks of
the area. There is a limitation that any vehicle there over twenty -four hours shall be
screened from view. The type of screening has not been defined. Mr. Thompson
stated the Planning Commission talked about three different things: a fence, a board on
board fence, landscaping and moving the vehicles behind the barn. At the end the
Planning Commission decided they would leave that up to the applicant in the site plan
process, which they thought was the best screen method and left the options up to them
versus dictating whether it is a fence, landscaping or pulled behind the building. It just
has to be screened from Bent Mountain Road. During the public hearing, discussion
was held due to the fact of the location of the subdivision, no matter what fence you put
there, people will still be able to see it; the topography is so great. Mr. Thompson
advised really the screening from view is the best option as the elevation will make it
almost impossible to screen from that neighborhood as it is on top of a mountain.
Supervisor Elswick commented behind the building is the best option. He further added
one of the conditions VDOT has is that a maintenance agreement be completed prior to
that being determined as a commercial entrance; has this been done. Mr. Thompson
responded he believes that it has not been done yet, but will defer to the applicant.
Supervisor Elswick stated he would like to make sure this does not become another
junkyard; he does not think it will as Ms. Lachowicz will make sure of that, and he will
because he drives by there every day. Officially, he would like to put a limitation on the
number of vehicles that can be parked outside, other than the vehicles of the tenant and
the people that work there. In addition to that he would like to make a condition that
there are to be no more than four vehicles parked outside awaiting repair.
Chairman Altizer opened and closed the public hearing. There were no
citizens to speak on this agenda item.
Chairman Altizer inquired how many bays are located there with Mr.
Thompson responding two (2). He then inquired how many employees with Mr.
Thompson stating initially just one (1); the owner of the business. Chairman Altizer
stated two bays will not hide a lot of cars. Under the ordinance, the Board is currently
considering now, if there are two (2) cars in the bays, would they be held against the
petitioner with Mr. Thompson responding no. He stated when driving up the mountain,
there is a small glimpse. It is pretty well wooded, but there is a period when driving up
that you do see the site. Ms. Lachowicz keeps the property very neat and clean and as
the owner she is going to make sure it stays that way.
Supervisor Church stated he did not want to penalize the petitioner for
doing a good job with cars just showing up. Supervisor Elswick stated he was thinking
June 25, 2013 249
for overnight purposes only. During the day, there could be ten or twelve for minor
automobile repair.
Vice Chairman Moore asked Mr. Thompson to specify minor repairs. Mr.
Thompson stated major is engine work, minor is "jiffy lube ".
ORDINANCE 062513 -6 GRANTING A SPECIAL USE PERMIT
FOR THE OPERATION OF AUTOMOBILE REPAIR SERVICES,
MINOR, ON APPROXIMATELY 4.476 ACRES LOCATED AT
8364 BENT MOUNTAIN ROAD (PART OF TAX MAP NO. 94.00-
01-58) WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE
PETITION OF CAROL LACHOWICZ OF L &H COMPANY
WHEREAS, Carol Lachowicz of L &H Company has filed a petition for a special
use permit for the operation of automobile repair services, minor, to be located at 8364
Bent Mountain Road (Part of Tax Map No. 94.00- 01 -58) in the Windsor Hills Magisterial
District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
June 4, 2013; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 28, 2013; the second reading and public hearing on this
matter was held on June 25, 2013.
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 Carol
Lachowicz of L &H Company for the operation of automobile repair services, minor, on
4.473 acres located at 8364 Bent Mountain Road in the Windsor Hills 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 freestanding sign shall not exceed ten (10) square feet in size and six (6)
feet in overall height.
b) Hours of operation shall be from 8 a.m. to 7 p.m. Monday through Saturday.
c) Any vehicle on site for more than twenty -four (24) hours shall be screened
from view from Bent Mountain Road.
d) The use shall be limited to the structure located at 8364 Bent Mountain Road
and the large graveled area outside of the building as shown on the concept
plan.
e) No more than four (4) motor vehicles shall be stored outside overnight on the
property.
250 June 25, 2013
2. That said real estate is more fully described on Exhibit A, which is a two -
page exhibit containing a metes and bounds description and map of the real estate
prepared by Lumsden Associates, P.C. dated March 27, 2013.
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 provisions of this special use
permit are not severable. Invalidation of any word, phrase, clause, sentence or
paragraph shall invalidate the remainder. 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 Elswick to adopt the ordinance and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
4. The petition of Pelewoo Properties LLC to obtain a Special Use
Permit in a C -2C, General Commercial, District with conditions for
the operation of an automobile dealership, used on approximately
1.57 acres, located at 6802 Peters Creek Road and 7323 Deer
Branch Road, Hollins Magisterial District (Philip Thompson,
Deputy Director of Planning)
Mr. Thompson outlined the petition and advised the Planning Commission
approved four to zero on June 4, 2013.
Chairman Altizer opened and closed the public hearing with no citizens to
speak on this item. There was no discussion.
ORDINANCE 062513 -7 GRANTING A SPECIAL USE PERMIT
FOR THE PURPOSE OF OPERATING A USED AUTOMOBILE
DEALERSHIP ON 1.57 ACRES LOCATED AT 6802 PETERS
CREEK ROAD AND 7323 DEER BRANCH ROAD (TAX MAP
NOS. 27.10 -5 -12 AND 13) HOLLINS MAGISTERIAL DISTRICT,
UPON THE PETITION OF PELEWOO PROPERTIES LLC
WHEREAS, Pelewoo Properties LLC has filed a petition for a special use permit
for the purpose of operating a used automobile dealership to be located at 6802 Peters
Creek Road and 7323 Deer Branch Road (Tax Map Nos. 27.10 -5 -12 and 13) in the
Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
June 4, 2013; and
June 25, 2013 251
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on May 28, 2013; the second reading and public hearing on this
matter was held on June 25, 2013.
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 Pelewoo
Properties LLC for the purpose of operating a used automobile dealership to be located
at 6802 Peters Creek Road and 7323 Deer Branch Road (Tax Map Nos. 27.10 -5 -12
and 13) 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.
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 provisions of this special use
permit are not severable. Invalidation of any word, phrase, clause, sentence or
paragraph shall invalidate the remainder. 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 roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
5. The petition of Charles S. Wells to rezone approximately 1.0 acre
from C -2C, General Commercial, District with conditions to I -2C,
High Intensity Industrial, District with conditions, located at 3327
Shawnee Drive in the Glenvar area, Catawba Magisterial District
(Philip Thompson, Deputy Director of Planning)
Mr. Thompson outlined the petition and advised the Planning Commission
had approved on June 4, 2013 with three proffers.
Mary Ellen Goodlatte, attorney for the petitioner gave an overview of the
request.
Supervisor Church inquired if Mr. Wells was okay with the proffers to
which he responded in the affirmative.
Chairman Altizer opened and closed the public hearing with no citizens to
speak on this item. There was no discussion.
ORDINANCE 062513 -8 REZONING APPROXIMATELY ONE (1)
ACRE FROM C -2C, GENERAL COMMERCIAL DISTRICT, WITH
252 June 25, 2013
CONDITIONS, TO I -2C, HIGH INTENSITY INDUSTRIAL
DISTRICT WITH CONDITIONS FOR THE PURPOSE OF
OPERATING A CONSTRUCTION YARD AT 3327 SHAWNEE
DRIVE, CATAWBA MAGISTERIAL DISTRICT (TAX MAP NO.
55.02 -2- 13.1), UPON THE APPLICATION OF CHARLES S.
WELLS
WHEREAS, this property was rezoned in 2008 from 1 -2 to C -2C for a gasoline
station with proffered conditions; this ordinance rezones the property from C -2C to I -2C
for a construction yard with proffered conditions. The proffered conditions are almost
identical to the ones proffered in 2008 with the only change being in the first proffer the
words "gasoline station" are changed to "construction yard "; and
WHEREAS, the first reading of this ordinance was held on May 28, 2013, and the
second reading and public hearing were held June 25, 2013; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on June 4, 2013; 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 one (1) acre, as described herein, and located at 3327 Shawnee Drive,
Salem, VA (Tax Map Number 55.02 -2 -13.1) in the Catawba Magisterial District, is
hereby changed from the zoning classification of C -2C, General Commercial District
with conditions to I -2C, High Intensity Industrial District with conditions for the purpose
of operating a construction yard.
2. That this action is taken upon the application of Charles S. Wells.
3. That the owner of the property has voluntarily proffered in writing the
following condition which the Board of Supervisors of Roanoke County, Virginia, hereby
accepts:
(a) The subject property will be utilized solely as a construction yard.
(b) Any freestanding sign on the property shall not exceed fifteen (15)
feet in height with a minimum setback of fifteen (15) feet.
(c) The maximum height of any structure shall not exceed forty -five
(45) feet in height.
4. That said real estate is more fully described as follows:
Being one (1) acre of real estate located at 3327 Shawnee Drive and
further described as Tax Map No. 55.02 -02 -13.1
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
June 25, 2013 253
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Church to adopt the ordinance and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
Chairman Altizer recessed the meeting at 8:26 p.m. for five minutes.
Chairman Altizer reopened the meeting at 8:36 p.m.
6. Ordinances:
1) Ordinance of the Board of Supervisors of the County of
Roanoke, Virginia approving the lease financing of various
capital projects for the County and authorizing the leasing of
certain County -owned property, the execution and delivery of
a Prime Lease and a Local Lease Acquisition Agreement and
Financing Lease, and other related actions
2) Ordinance providing for the refunding of 2004 lease financing
with Virginia Resources Authority
3) Ordinance authorizing an amendment to the fiscal year 2013-
2014 budget by the appropriation of $13,973,416 to finance
various public facility projects (Paul M. Mahoney, County
Attorney)
Mr. Mahoney explained the need for one board report. He then advised
the only change would be the percentage in Section 4 from four percent (4 %) to four
point seven five percent (4.75 %) in the ordinance that refers to lease financing.
Chairman Altizer opened the public hearing. The following citizens spoke:
Mr. Mike Stovall of the Roanoke County School Board stated he is here
tonight to humbly and proudly say that as the Board knows, he represents the Vinton
Magisterial District on the school board and he is here tonight to say thank you. "Thank
you for your vision, thank you for your planning and thank you for laying the groundwork
to bring the library to the Town of Vinton." He stated he is third generation in his family
that has lived in the town; his children are the fourth. He is a businessman now in the
town; was in the County, no offense, but he moved his business to the town. He had a
lunch meeting the other day and has had lots of meetings and been to lots of Chamber
events and lots of everybody talking about the library. He told the Board tonight that it is
a vote of resurrection in his opinion. While driving over to the meeting, he came through
the Town of Vinton; he drives through it a lot and what the library can do for the town,
the difference it can make in his opinion is astronomical. He is in the process of talking
254 June 25, 2013
to a family about buying a piece of adjacent property from the library if it is voted in. So,
quite frankly, once again he is here to say thank you. Thank you for your vision. Thank
you for the fact of bringing it there. He never realized the entries to that library. He
realized that some are repeat entries; but over 200,000 entries to that library every year
makes a difference. People thought the Post Office would do it; the Post Office has not
done it. In his opinion what can do it and what will do it is the library. As you know,
Roland E. Cook sets a couple of blocks or a block and one half above it. He has had
conversations with individuals that have looked at Roland E. Cook for the purpose of
moving into Roland E. Cook and then having the opportunity to use the library. In
closing, he would like to say thank you for allowing him the opportunity to speak, thank
you five Board members for your vision, thank Mr. Goodman and his administration for
the work as a lot of citizens of Vinton are looking forward to the building of the library.
Al Bedrosian of 8346 Cardington Drive in Roanoke, Virginia stated he has
to say he disagrees with Mr. Stovall because he does not think the libraries built years
ago brought economic development to an area. He thinks it is a free enterprise system;
lower taxes and lower debt. He is not here to specially talk about the Vinton Library
because he likes libraries. He is here to talk about the disturbing pattern he is seeing in
our government. He stated he looked back and Roanoke County was incorporated in
1838. Up to 1994, we accumulated $60 million worth of debt. From 1994 to now, we
have about $200 million of debt, so we tripled the size of debt. It took us 160 years to
get to the $60 million number and twenty years to triple that number and now we are
looking to adding more. He was thinking the number was $10 million and now he is
hearing the number is really $14 million because of other things that are being added. It
concerns him. It also concerns him the pattern that we are setting that none of these
things ever come to a vote in November, a vote of the people. We always do some kind
of lease revenue sharing and never comes to the people to vote on it. He used to think
those kind of capital projects did come to the people. The other concern is the debt
ratio that we have to operating revenue. In 2008, we were about five and one half
percent (5 % %). In 2009, it went to seven point four percent (7.4 %) and in 2010 it went
to seven point seven three percent (7.73 %). In 2011 it was eight point five eight percent
(8.58 %). The numbers just keep increasing. We always complain about the federal
government spending so much money and he looks right here in the County and it is
exorbitant and with full disclosure, he is running for Roanoke County Supervisor and he
will tell you the one thing he has heard more often when he was on the campaign trail is
the two things that we did.
Chairman Altizer informed Mr. Bedrosian that he could not campaign from
the podium.
Mr. Bedrosian apologized and stated the only reason that he is talking
about it is because he kept hearing it; the Green Ridge Center and the Southwest
County Library, which is why he is bringing it up here. It was $50 million worth of debt
that we did and the people are concerned. The last thing that he considers
objectionable is that we are putting such a big project in place when two of the Board
June 25, 2013 255
members are stepping down and a new Board will convene in January. He stated he
finds that just not the right thing to do when you have such a big project of $14 million
that we should wait till the new Board, whatever the new Board is and if they think it is
the right thing to do, then they would do it, but not when two Board members are
stepping down.
Mayor Brad Grose of the Town of Vinton thanked the Board for their
service to the citizens of Roanoke County. He appreciates very much what they are
doing and also wants to congratulate the Board on the professional staff they have
assembled; he is very proud of his staff in the Town of Vinton and certainly appreciates
when things are done in a professional and efficient manner. He added he also
appreciates very much the daily cooperation that goes on between Roanoke County
and Vinton staff. In his opinion, Roanoke County has a very great, good reputation for
making wise use of taxpayer money and at the same time providing a lot of great
services for our citizens. As part of the Board's leadership, the Board has helped
establish a great quality of life. In that leadership, if Mr. Church will allow him to use his
words, they have consistently supported the Roanoke County library system. You have
recognized that libraries, great libraries are an important part of our citizen's life and
thank you for that. You know by now all the facts and figures that are connected with
the Vinton library and certainly hope you understand the need to replace that structure
so he will not go into those details, but would like to emphasize tonight the importance
of moving ahead on this project as soon as possible. As we stand here tonight, they
have an opportunity to save taxpayer money, to bring a vital service to East County and
Vinton up to the Roanoke County standard as it is in the best of the County and have an
opportunity to support economic development in downtown Vinton. He advised the
economic development aspect is very important, however, it is a win -win situation for
Roanoke County as well as Vinton. He stated they know that in the Town of Vinton it
will create a lot of synergy; as a matter of fact just the discussions the Board has held
have already created much excitement about the future of Vinton and its downtown. He
added he hopes the Board will seriously consider moving ahead with this as soon as
possible because the construction of the library on the current schedule they have been
talking about the past few weeks would actually work in conjunction with the Town of
Vinton's downtown revitalization plan. So those two programs working together will
make a huge, positive impact upon the economic climate in downtown Vinton. He
respectfully urged the Board to vote yes for the funding of the library.
Chairman Altizer closed the public hearing as there were no additional
speakers.
Chairman Altizer stated just so there is no confusion from one of the
earlier speakers who mentioned indebtedness as far as the bond is concerned being
increased to $14 million. The increase did not increase the amount of bond
indebtedness; it is $8.2 million, not $14 million. He stated he would like to point out in
doing $14 million in projects; we have $6 million in cash we are paying, which is putting
down forty -two percent (42 %) He stated he wished when he bought his first house he
256 June 25, 2013
could have put down forty -two percent (42 %); it goes deeper than that. This Board
seven or eight years ago developed a funding formula, which was the prudent thing to
do in order to renovate and build schools and to renovate and build needed things at
Roanoke County and that has worked well. Roanoke County just came out of probably
the worst recession that everybody else just came through. Yet, we continue to do
things, we continue to renovate schools, build schools, and needed projects in Roanoke
County. A library of today is not a library as it was in 1950 and 1960. He stated he has
toured a lot of libraries and on July 1, 2013, we will be cutting the ribbon on the Glenvar
library. That library is nothing like the library that was torn down. This library will be
nothing like the library that it replaces. A library is a place of meeting, a place of
learning; it is a place for folks who do not have the advantage of computers.
Programming for children now probably is a hundred times better than programming for
children when I "growed" up. He stated he used to go to a library and found a seat and
hope somebody would tell him where a book he was looking for was and he sat there
and he read. There are so many more things to a library that has a detailed impression
on the children of today. The library is not just a library, it is an economic driver. He
does not care any way that you look at it; it is going to be an economic driver. The
Vinton library, the third highest used library in Roanoke County with circulation in
2011/2012 of 204,479 people passing through there. Now, he has seen parents drop
off their kids at the library and mom and dad go to other places; because they cannot
find a parking space number one and if they are lucky to find a parking space they
cannot find a computer terminal to go inside and go anything with. This is not indicative
of the Vinton library; it was the same way at Glenvar and the same with the South
County library. When you take 204,000 and he believes it will increase to 250,000
because now parents will go into the library with their kids; they will do things because
there will be things for the parents to do. He stated he is pretty decent with numbers but
out of 250,000 people on the streets of downtown Vinton, he cannot help but think a
certain percentage of them are going to stop in some stores and spend some money.
We are going to create an environment for people to understand that Vinton, maybe
they need to be there or maybe need to expand or they don't need to roll their steps up
at 5:00 p.m. because we know nobody else is coming downtown. That is part of the
things a library for Vinton does for you; there is a return on that investment. We all
certainly wish that we could pay cash for everything we do. We as individuals for the
most part, has never been able to buy a house and pay cash for it. It is a fundamental
way that we have to do things and quite frankly at very lucrative interest rates at this
time. If we are going to build this, now is the time to do it. Sure, there is a flux,
unstableness in the bond market, but still if we finance it today the interest rates would
be three point seven percent (3.7 %), cheap money. If we were on a course that we
thought everything that we had to do we would pay cash, we would be waiting a long
time. For all the things we have built in Roanoke County, if we would have to wait to
pay cash, it comes out to about 122 years to accomplish what we have in the last seven
or eight. Still having done all that, Roanoke County has stayed well within our debt
June 25, 2013 257
policies, we are in good shape, we have an appropriated balance at ten point nine eight
percent (10.98 %) of eleven percent (11 %) commitment. During the hardest part of the
recession, Roanoke County had their bond ratings raised twice. The first one to say
you are spending too much money is the bonding agencies because they are going to
start cutting your bond rate when you do that. We live in an economy and we govern
now by different paradigms than the way people governed in the 1990's of 1980's. You
used to not be able to get Roanoke County or anybody in this valley, i.e. Roanoke City,
to incorporate if somebody could get somebody else to carry a trash can across the
street to help another locality to put it in their truck, but now we do things together, we
are saving, we are doing things that save us all money. If you look at return on
investment, he believed the return on investment is going to be way far greater than
three to four percent (3 -4 %) borrowing money. In the Town of Vinton, and knows of a
Board member that sits on this Board that represents a town and also taxpayers of
Roanoke County and also the folks he represents in that district and he is going to tell
you from the crowds that have come out from the first two library meetings; they think it
is important. They think their tax dollars are important to spend. The business
community thinks it is important to spend downtown. He certainly thinks it is important
to spend and after further discussion will make a motion on this item.
Supervisor Moore stated she would like to add there are areas too in
Roanoke County where people do not have internet service right now and our libraries
provide these people an opportunity to come in and use the computers. There are
school children who have homework that they have to do on their laptop, but they have
no internet service. Also, libraries are an economic development driver; South County
library has a great coffee shop. People go in there just to get coffee and have a snack
and they have an opportunity to relax, to socialize and talk about meetings. There are
lots of meetings that go on at the library, and they talk about other opportunities. She
stated she thinks it is a great sign where we have low interest rate bonds that we could
take advantage of. The longer we wait construction costs will go up as the economy
grows. So, she too puts her approval on the Vinton library; thinks it will be a great
economic driver for Roanoke County, Vinton and regional people too.
Supervisor Church stated everybody on this Board knows how much he
believes in libraries, he has been in support of every library. We have had several in
this area, South County, Glenvar and now Vinton. He stated he knows what it is like to
have a community that literally yearns for this type of facility. In the 1950's or 1960's in
Glenvar, those of you who have entered the door; you had to bump your door into the
back of a chair in our computer lab, which were two or three chairs. A person would be
bumped by a patron coming in just to get in the door. Children that went to Glenvar
have no security, one step and they are out of the eye of any counselors. These are the
kind of conditions that no library nor County building should want to have. He has
supported and has been consistent in his support as Mayor Grose (by the way thanks to
Mayor Grose and other officials for coming, they are welcome all the time) can attest to.
Supervisor Church stated it took him longer than he wished for Glenvar; five or six years
258 June 25, 2013
longer, but okay we are going to open it up July 1, 2013. He can tell and the people
who see this meeting tonight and the people that attended the community meetings;
had the largest attendance for a community based meeting when they planned the
Glenvar library than they have had for anything, except maybe those who opposed an
asphalt plant may have been larger. These people came and they came with great
ideas because they saw the benefit of a centerpiece for the community. Route 11/460
has been twenty (20) years in the making to widen it to four (4) lanes. It is going to be
what we like to refer to as another Route 419, a real community, a divided medium with
grass and bike lanes and pedestrian lane. These are things that communities do care
about. They care about having the aging population to have meeting rooms that they
can go to without traveling across town. A community is what it says, community. The
Glenvar library opening is coming up July 1 St and he is going to hold Mayor Grose to it, if
he is not there he will call him out to be in attendance because we need to work to help
buildings like this and learning centers like this to give the opportunity to children to
learn how to operate outside of just reading a book. They can go there to learn and to
have fun and learn at the same time. A lot has been talked about the debt; he would be
the first to admit that Roanoke County is not even a drop in a rain storm in comparison
to the federal government. Our debt is important, but it pales if you look at the billions
and trillions that the federal government has. We are doing something here that he
believes will be sustaining; it is not frivolously throwing money away to a project that a
lot of people can come along and say if you did not do this you could have done that.
Being a senior member on this Board, he has heard so many times that our tax rate is
out of kilter, "we have the largest tax rate in the State of Virginia" and if they stop and
compare apples to apples; that is simply not true. We have $1.09 per one hundred. We
fund full -time fire and rescue, full -time police department and curbside trash and bulk
collection. If you take that $40 million a year out of the budget, the cost would be
seventy cents and compares favorably to Botetourt, Montgomery, Bedford, etc. They
do not have these amenities. Our citizens do want these amenities; they have told us
over and over again. No one that he knows of wants to pick up bags of trash and put in
their pickup truck or SUV and haul it down to a dumping site on Route 460 or Route 220
or wherever. With the amenities and with the cost of government, it does amount to
something in return. He stated he goes back to the needs and the desires for the
community; these are taxpayers. The people in Glenvar and surely the people in the
Town of Vinton and East County are going to be paying taxes; it is not like they are
getting a free gift. By the way, Roanoke County paid cash for Glenvar. This is going to
be a legacy, a long -time reward; annuity that never stops paying in his opinion.
Supervisor Elswick stated in the continuous stories about libraries, it is
interesting that the County and Board at the time almost $20 million was being
discussed for South County Library, refused to spend $70,000 for a children's activities
room on the Bent Mountain Library. The people on the mountain had to raise one half
the money to add a real small room for the kids on the mountain. So, he would like for
the County to get its priorities set and then adhere to what we said we were going to do.
June 25, 2013 259
If we delayed one library for seven or eight years and refused to spend money on
another one, that is not fair and it is not the way that taxpayers ought to be treated. In
his humble opinion, in talking about cash versus borrowing, there is $20 million in fund
that is only there so that we can get a good rating for the bonds that we issue when we
borrow money. If we don't borrow, there is $20 million. If we had not borrowed, there is
$15 to $17 million that we spend every year making the mortgage and interest
payments on what we did borrow; that is almost $40 million and even more if you count
the money we have left over in the reserve accounts. The School Board had $12 million
left over in the health reserve account and we had $7 million left over at the end of last
year. There is lots of taxpayer money that is being held in reserve by the County, yet
the taxpayers themselves have seen their taxes doubled. Starting when housing prices
were going up. In talking about the rate, he does not worry about the rate. It is the
assessments on people's houses that determine what the bills are going to be and
when they doubled, we went out and borrowed over $220 million while at the same time
our revenues from property taxes where doubling. Don't blame it on the County maybe
because the federal government does it, the State did. These bonds that we are
thinking about issuing, it is the State that is giving us the mechanism to avoid taxpayer
approval for us spending money. You can also do it with lease revenue bonds, but all of
our methods for borrowing recently have been methods that are specifically designed to
avoid taxpayer approval. He is one of the strongest proponents of libraries; he very
much supports what Brad and the people of Vinton are doing in terms of running the
town, but this project has been accelerated. It came up after the budget; we are having
to change the budget to get this project through for the Vinton library and Social
Services and the other projects. Social Services and those other projects could have
been paid for without borrowing money. So we accelerate one and delay another one;
that is not right. So, he stated this project will be approved, there is no doubt about that,
but he hopes this is the last time that we borrow any money using these lease payments
and from now on if we borrow money, we make a five -year plan and say these are the
projects that we are going to complete in those five (5) years, this is what they cost, this
is why we are doing it and submit it to the taxpayers for voter approval for general
obligation bonds. He stated he thinks we ought to be spending the money we have, the
same way the citizens do, citizens when they need a mortgage on their house, they do
not have the money under the bed to pay for the mortgage; they have to borrow the
money to buy their house. He stated he thinks we ought to try to move towards no
more borrowing.
ORDINANCE 062513 -9 OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ROANOKE, VIRGINIA APPROVING THE LEASE FINANCING OF
VARIOUS CAPITAL PROJECTS FOR THE COUNTY AND AUTHORIZING THE
LEASING OF CERTAIN COUNTY -OWNED PROPERTY, THE EXECUTION
AND DELIVERY OF A PRIME LEASE AND A LOCAL LEASE ACQUISITION
AGREEMENT AND FINANCING LEASE, AND OTHER RELATED ACTIONS
260 June 25, 2013
WHEREAS, the Board of Supervisors (the "Board ") of the County of Roanoke,
Virginia (the "County "), intends to finance all or a portion of the costs (or to reimburse
the County for payment of such costs) of various capital improvements, including the
construction of a new public library in the Town of Vinton, Virginia (the "Project ");
WHEREAS, the Board has determined that it is in the best interest of the County
to enter into a lease arrangement in order to obtain funds to finance the Project;
WHEREAS, the Board is authorized, pursuant to Section 15.2 -1800 of the Code
of Virginia of 1950, as amended, to lease any improved or unimproved real estate held
by the County;
WHEREAS, the first reading of this ordinance was held on June 11, 2013 and the
second reading and public hearing was held on June 25, 2013;
WHEREAS, Virginia Resources Authority ( "VRA ") intends to issue its
Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing
Program), Series 2013B (the "VRA Bonds "), and to provide a portion of the proceeds to
the County to finance the Project pursuant to the terms of a Local Lease Acquisition
Agreement and Financing Lease (the "Financing Lease "), between the County and
VRA;
WHEREAS, the County will enter into a Prime Lease (the "Prime Lease ") with
VRA whereby the County will lease certain real estate, which may include any or all of
the parcel or parcels of real estate on which the Project is located or on which the
County's public safety building is located, as may be required by VRA (the "Real
Estate ") and the associated improvements and property located thereon (the
"Improvements ") to VRA;
WHEREAS, the County will enter into the Financing Lease with VRA pursuant to
which VRA will lease the Real Estate and the Improvements back to the County and the
County will make rental payments corresponding in amount and timing to the debt
service on the portion of the VRA Bonds issued to finance the Project (the "Rental
Payments ");
WHEREAS, pursuant to the Financing Lease the County will undertake and
complete the Project;
WHEREAS, the County intends to pay the Rental Payments out of appropriations
from the County's General Fund;
WHEREAS, the Financing Lease shall indicate that approximately $8,218,350 (or
such other amount as requested by the County and approved by VRA prior to the
pricing of the VRA Bonds) is the amount of proceeds requested (the "Proceeds
Requested ") from VRA;
WHEREAS, VRA's objective is to pay the County an amount which, in VRA's
judgment, reflects the market value of the Rental Payments under the Financing Lease
(the "VRA Purchase Price Objective "), taking consideration of such factors as the
purchase price to be received by VRA for the VRA Bonds, the issuance costs of the
VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA
(collectively, the "VRA Costs ")) and other market conditions relating to the sale of the
June 25, 2013 261
VRA Bonds;
WHEREAS, such factors may result in the County receiving an amount other
than the par amount of the aggregate principal components of the Rental Payments
under the Financing Lease and consequently (i) the aggregate principal components of
the Rental Payments under the Financing Lease may be greater than the Proceeds
Requested in order to receive an amount of proceeds that is substantially equal to the
Proceeds Requested, or (ii) if the maximum authorized aggregate principal components
of the Rental Payments under the Financing Lease set forth in paragraph 4 of this
Ordinance does not exceed the Proceeds Requested by at least the amount of the VRA
Costs and any original issue discount, the amount to be paid to the County, given the
VRA Purchase Price Objective and market conditions, will be less than the Proceeds
Requested;
WHEREAS, the Prime Lease and the Financing Lease are referred to herein as
the "Documents." Copies of the Documents are on file with the County Administrator.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF ROANOKE, VIRGINIA:
1. Approval of Lease - Leaseback Arrangement The lease- leaseback
arrangement with VRA to accomplish the financing of the Project is hereby approved.
The County Administrator is authorized to determine the Real Estate and
Improvements, as may be required by VRA, to be subject to the lease- leaseback
arrangement.
2. Approval of Prime Lease The leasing of the Real Estate and the
Improvements by the County, as lessor, to VRA, as lessee, pursuant to the terms of the
Prime Lease is hereby approved.
3. Approval of the Financing Lease The leasing of the Real Estate and
the Improvements by VRA, as lessor, to the County, as lessee, pursuant to the terms of
the Financing Lease is hereby approved.
4. Approval of the Terms of the Rental Payments The Rental Payments
set forth in the Financing Lease shall be composed of principal and interest components
reflecting an original aggregate principal amount not to exceed $8,795,000, a true
interest cost not to exceed 4.75% per annum (taking into account any original issue
discount or premium) and a term not exceeding twenty (20) years from the date of the
closing of the VRA Bonds.
It is determined to be in the best interest of the County to accept the offer of VRA
to enter into the Financing Lease with the County for an amount determined by VRA to
be fair, subject to the conditions set forth in this Ordinance, which Financing Lease shall
be executed by the Chairman of the Board (the "Chairman ") and the County
Administrator, or either of them. Given the VRA Purchase Price Objective and market
conditions, it may become necessary to enter into the Financing Lease with aggregate
principal components of the Rental Payments greater than the Proceeds Requested. If
the limitation on the maximum aggregate principal components of Rental Payments on
the Financing Lease set forth in this paragraph 4 restricts VRA's ability to generate the
262 June 25, 2013
Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price
Objective and market conditions, the County Administrator is authorized to accept a
purchase price for the Bond at an amount less than the Proceeds Requested.
The Financing Lease, in substantially the form presented to this meeting, is
hereby approved, with such completions, omissions, insertions and changes not
inconsistent with this Ordinance as may be approved by the Chairman or the County
Administrator. The Chairman and the County Administrator, either of whom may act are
hereby authorized and directed to enter into the Financing Lease.
The actions of the Chairman and the County Administrator in accepting the final
terms of the Rental Payments shall be conclusive, and no further action shall be
necessary on the part of the Board.
5. Other Payments under Financing Lease The County agrees to pay all
amounts required by the Financing Lease, including any amounts required by Section
5.1(b) of the Financing Lease, including the "Supplemental Interest," as provided in
such section.
6. Execution and Recordation of Documents The Chairman and the
County Administrator, either of whom may act, are authorized and directed to execute
the Documents and deliver them to the other parties thereto. The Chairman and the
County Administrator, either of whom may act, are further authorized to cause the Prime
Lease and the Financing Lease, to be recorded in the Clerk's Office of the Circuit Court
of Roanoke County.
7. Form of Documents The Documents shall be in substantially the forms
on file with the County Administrator, which are hereby approved with such completions,
omissions, insertions and changes as may be approved by the Chairman and the
County Administrator, either of whom may act, with the execution and delivery of the
Documents by the Chairman and /or the County Administrator constituting conclusive
evidence of the approval of any such completions, omissions, insertions, and changes.
8. Essentiality of the Project and Real Estate The Project, the Real
Estate and the Improvements are hereby declared to be essential to the efficient
operation of the County, and the County anticipates that the Project, the Real Estate
and the Improvements will continue to be essential to the operation of the County during
the term of the Financing Lease.
9. Annual Budget While recognizing that it is not empowered to make any
binding commitment to make Rental Payments and any other payments required under
the Financing Lease beyond the current fiscal year, the Board hereby states its intent to
make annual appropriations for future fiscal years in amounts sufficient to make all such
payments and hereby recommends that future Boards do likewise during the term of the
Financing Lease. The Board directs the County Administrator, or such other officer who
may be charged with the responsibility for preparing the County's annual budget, to
include in the budget request for each fiscal year during the term of the Financing Lease
an amount sufficient to pay the Rental Payments and all other payments coming due
under the Financing Lease during such fiscal year. If at any time during any fiscal year
June 25, 2013 263
of the County throughout the term of the Financing Lease, the amount appropriated in
the County's annual budget in any such fiscal year is insufficient to pay when due the
Rental Payments and any other payments required under the Financing Lease, the
Board directs the County Administrator, or such other officer who may be charged with
the responsibility for preparing the County's annual budget, to submit to the Board at the
next scheduled meeting, or as promptly as practicable but in any event within 45 days, a
request for a supplemental appropriation sufficient to cover the deficit.
10. Rental Payments Subject to Appropriation The County's obligation to
make the Rental Payments and all other payments pursuant to the Financing Lease is
hereby specifically stated to be subject to annual appropriation therefor by the Board,
and nothing in this Ordinance or the Documents shall constitute a pledge of the full faith
and credit nor taxing power of the County or compel the Board to make any such
appropriation.
11. Disclosure Documents The County authorizes and consents to the
inclusion of information with respect to the County to be contained in VRA's Preliminary
Official Statement and VRA's Official Statement in final form, both to be prepared in
connection with the sale of the VRA Bonds. If appropriate, such disclosure documents
shall be distributed in such manner and at such times as VRA shall determine. The
County Administrator is authorized and directed to take whatever actions are necessary
and /or appropriate to aid VRA in ensuring compliance with Securities and Exchange
Commission Rule 15c2 -12.
12. Tax Documents The County Administrator and the Director of Finance,
either of whom may act, is authorized to execute a Nonarbitrage Certificate and Tax
Compliance Agreement and /or any related document (the "Tax Documents ") setting
forth the expected use and investment of the proceeds of the VRA Bonds to be received
pursuant to the Documents and containing such covenants as may be necessary in
order for the County and /or VRA to comply with the provisions of the Internal Revenue
Code of 1986, as amended (the "Tax Code "), with respect to the VRA Bonds and the
Documents including the provisions of Section 148 of the Tax Code and applicable
regulations relating to "arbitrage bonds." The County covenants that the proceeds of
the VRA Bonds to be received pursuant to the Documents will be invested and
expended as set forth in the Tax Documents, to be delivered simultaneously with the
issuance and delivery of the Financing Lease and that the County shall comply with the
other covenants and representations contained therein.
13. Other Actions All other actions of the officers of the County in
conformity with the purpose and intent of this Ordinance are hereby approved and
confirmed. The officers of the County are hereby authorized and directed to execute
and deliver all certificates and instruments and to take all such further action as may be
considered necessary or desirable in connection with the execution and delivery of the
Documents.
14. SNAP Investment Authorization The County has heretofore received
and reviewed the Information Statement (the "Information Statement ") describing the
264 June 25, 2013
State Non - Arbitrage Program of the Commonwealth of Virginia ( "SNAP ") and the
Contract Creating the State Non - Arbitrage Program Pool I (the "Contract "), and the
County has determined to authorize the Director of Finance to utilize SNAP in
connection with the investment of the proceeds of the lease- leaseback transaction if the
Director of Finance determines that the utilization of SNAP is in the best interest of the
County. The Board acknowledges that the Treasury Board of the Commonwealth of
Virginia is not, and shall not be, in any way liable to the County in connection with
SNAP, except as otherwise provided in the contract creating the investment program
pool.
15. Effective Date This Ordinance shall take effect immediately.
On motion of Supervisor Altizer to adopt the ordinance and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Altizer
NAYS: Supervisor Elswick
ORDINANCE 062513 -10 PROVIDING FOR THE REFUNDING OF
2004 LEASE FINANCING WITH VIRGINIA RESOURCES
AUTHORITY
WHEREAS, on June 1, 2004, the County of Roanoke, Virginia (the "Local
Government ") entered into a Financing Lease (the "Original Financing Lease "), with
Virginia Resources Authority ( "VRA "), and VRA acquired the Original Financing Lease
pursuant to a Local Lease Acquisition Agreement dated as of June 16, 2004, between
VRA and the Local Government;
WHEREAS, VRA acquired the Original Financing Lease with a portion of the
proceeds of one of the series of VRA's Virginia Pooled Financing Program Bonds (the
"VRA VPFP Bonds ");
WHEREAS, VRA has advised the Local Government that the credit markets are
currently favorable for the refunding of a portion of the VRA VPFP Bonds (the
"Refunding Transaction "), which may enable VRA to pass on annual debt service
savings to the Local Government;
WHEREAS, VRA will effect the Refunding Transaction through the issuance and
sale of a series of refunding bonds issued under VRA's Virginia Pooled Financing
Program (the "VRA Refunding Bonds ");
WHEREAS, VRA has indicated that if the Local Government participates in the
Refunding Transaction the most significant modifications required to the terms of the
Original Financing Lease will be to reconcile the Rental Payments and redemption
provisions of the Original Financing Lease with the debt service payments and
redemption provisions of the VRA Refunding Bonds and such modifications will be
embodied in amendments to the Original Financing Lease or in replacements thereof
(the "Local Refunding Documents "); and
June 25, 2013 265
WHEREAS, unless otherwise defined each capitalized term used in this
Ordinance shall have the meaning given it in the Original Financing Lease; and
WHEREAS, the first reading of this ordinance was held on June 11, 2013, and
the second reading and public hearing was held on June 25, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE LOCAL GOVERNMENT:
Article I. Agreement to Participate. The Local Government's participation in
the Refunding Transaction is hereby approved provided that (i) the minimum savings
threshold to be realized by the Local Government shall be not less than three percent
(3 %) savings on a present value basis compared to the existing and outstanding Rental
Payments under the Original Financing Lease or portion thereof to be refunded and (ii)
the term of the Original Financing Lease as amended or replaced in the Refunding
Transaction shall not be extended past the end of the fiscal year in which occurs the
current final Rental Payment under the Original Financing Lease.
Article II. Authorization of Local Refunding Documents. Each of the Local
Government's Chairman of the Board of Supervisors, County Administrator and Director
of Finance (each a "Local Representative ") is authorized to execute and deliver the
Local Refunding Documents in such form as will reflect and facilitate the Refunding
Transaction within the parameters and intent of this Ordinance. The Clerk to the Board
of Supervisors is authorized to affix the Local Government's seal on any such
documents and attest or counter -sign the same.
Article III. Official Statement. The Local Government authorizes and
consents to the inclusion of information with respect to the Local Government in VRA's
Preliminary Official Statement and Official Statement, both to be prepared in connection
with the sale of the VRA Refunding Bonds.
Article IV. Other Actions. Each Local Representative is authorized to execute
and deliver all certificates, documents, agreements and instruments and to take all such
further action as they may consider necessary and desirable in connection with the
refunding of all or a portion of the Original Financing Lease and the consummation of
the Refunding Transaction, including the execution and delivery of such documents and
the making of such elections as may be reasonably requested by VRA to maintain or
establish a tax - favored status for the VRA Refunding Bonds.
Article V. Effective Date. This Ordinance shall take effect immediately.
On motion of Supervisor Moore to adopt the ordinance and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
ORDINANCE 062513 -11 AUTHORIZING AN AMENDMENT TO THE
FISCAL YEAR 2013 -2014 BUDGET BY THE APPROPRIATION OF
$13,973,416 TO FINANCE VARIOUS PUBLIC FACILITY PROJECTS
266 June 25, 2013
WHEREAS, on May 14, 2013, the Board of Supervisors of Roanoke County held
a work session on the County's Capital Improvements Program Tier 1 Priority Projects;
and
WHEREAS, the Board considered County staff recommendations for funding
capital projects by appropriating or re- appropriating funds from various other sources;
and
WHEREAS, Section 15.2 -2507 of the Code of Virginia provides that a locality
may amend its budget to adjust the aggregate amount appropriated; however, any such
amendment which exceeds one percent of the total expenditures in the adopted budget
must be accomplished by publishing a notice of a meeting and a public hearing in the
newspaper and that such notice shall state the governing bodies intent to amend the
budget and include a brief synopsis of the proposed budget amendment; and
WHEREAS, the Roanoke County Charter provides that funds be appropriated by
ordinance; and
WHEREAS, first reading of this ordinance was held on June 11, 2013, and the
second reading and public hearing was held on June 25, 2013.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the Roanoke County 2013 -2014 Budget and Appropriation Ordinance
be amended by the appropriation of $13,973,416 from the sources and for the purposes
as follows:
Amount Amount of source
Project Appropriated Source of Funds of funds
Fuel Storage Tanks
Fire and Rescue Generators
P & R Sports Field Lighting
Social Services
Library
250,000 From Merriman Roundabout
From South Countv Library
928,000 From Merriman Roundabout
750,000 From South County Libra
From Minor Capital
3,000,000 From Salem City
From Salem Bank and Trust Fund
From Major Capital
From Minor Capital
8,682,100 2013 Bond Issue -VRA
Town of Vinton
Lease proceeds
Integrated Financial System 363,316 2004VRA Refunding
200,000
50,000
928,000
522,000
228,000
500,000
1,000,000
938,161
561,839
8,218,350
377,500
86,250
363.316
$ 13,973,416
June 25, 2013 267
2. That this ordinance shall take effect from and after July 1, 2013.
On motion of Supervisor Flora to adopt the ordinance and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Altizer
NAYS: Supervisor Elswick
7. Ordinance authorizing the vacation of (1) a portion of an
unimproved fifty foot (50') right -of -way designated as Circleview
Drive, (2) a twenty foot (20') access easement to Stormwater
Management Area, and (3) a Stormwater Management easement
(plat of Suncrest Heights, Section 3, Plat Book 13, Page 165) and
accepting the dedication of 0.117 acre for the completion of a cul-
de -sac at the end of Circleview Drive and a public drainage
easement as shown on a plat entitled "Resubdivision Plat from
records for John A. Hall & Company, Inc. and Kent S. Greenawalt
Revocable Trust ", located in the Cave Spring Magisterial District
(Arnold Covey, Director of Community Development)
Mr. Covey outlined the ordinance and advised there was no change from
the first reading.
Vice Chairman Moore thanked Mr. Covey and his staff for the work on this
agenda item.
Chairman Altizer opened and closed the public hearing. There were no
citizens to speak on this item.
Vice Chairman Moore commented this will reduce the amount of
impervious paving; water runoff and is great for the community.
Supervisor Elswick thanked Mr. Covey for all the work that went into this
project; it has been a tough project. Additionally, he thanked Mr. Greenwalt for all that
he has done to get this accomplished.
ORDINANCE 062513 -12 AUTHORIZING THE VACATION OF (1)
A PORTION OF AN UNIMPROVED FIFTY FOOT (50') RIGHT -
OF -WAY DESIGNATED AS CIRCLEVIEW DRIVE, (2) A TWENTY
FOOT (20') ACCESS EASEMENT TO STORMWATER
MANAGEMENT AREA, AND (3) A STORMWATER
MANAGEMENT EASEMENT (PLAT OF SUNCREST HEIGHTS,
SECTION 3, PLAT BOOK 13, PAGE 165) AND ACCEPTING THE
DEDICATION OF 0.117 AC. FOR THE COMPLETION OF A CUL-
DE -SAC AT THE END OF CIRCLEVIEW DRIVE AND A PUBLIC
DRAINAGE EASEMENT AS SHOWN ON A PLAT ENTITLED
"RESUBDIVISION PLAT FROM RECORDS FOR JOHN A. HALL
268 June 25, 2013
& COMPANY, INC. AND KENT S. GREENAWALT REVOCABLE
TRUST ", LOCATED IN THE CAVE SPRING MAGISTERIAL
DISTRICT
WHEREAS, the map of Sunset Heights, Section 3, (Exhibit "A ") recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 13, page
165, dedicated a fifty foot (50') right -of -way designated as Circleview Drive, a twenty
foot (20') access easement to a stormwater management easement, and a 0.3285 acre
stormwater management easement; and
WHEREAS, a portion of the area dedicated and set aside for public use as
Circleview Drive on Plat Book 13, Page 165 has never been improved and is no longer
needed to meet the County subdivision ordinance regulations; and
WHEREAS, a 0.3285 stormwater management easement is no longer necessary
due to the reduction in the amount of impervious area in Sunset Heights, Section 3 also
eliminating the need for the twenty foot (20') access easement to the stormwater
management easement; and
WHEREAS, John A. Hall & Company, Inc., the developer of Sunset Heights,
Section 3, and Kent Greenawalt, an adjoining property owner who has purchased six (6)
lots of the original thirteen (13) lots in Section 3 of Sunset Heights, have requested,
pursuant to Section 15.2 -2272 of the Code of Virginia (1950, as amended), the Board of
Supervisors of Roanoke County, Virginia, vacate of a portion of Circleview Drive, a
twenty foot (20') access easement to a stormwater easement and a 0.3285 acre
stormwater management easement so as to permit these property owners to make
improvements to their properties; and
WHEREAS, no other property owner will be affected by the vacation of this
undeveloped portion of said Circleview Drive, twenty foot (20') access easement to
stormwater management easement, and stormwater management easement and their
current existence imposes an impediment to the adjoining property owners making
improvements to their properties; and
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection; and
WHEREAS, notice has been given as required by Section 15.2 -2204 of the Code
of Virginia (1950, as amended); and
THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That pursuant to the provisions of Section 18.04 of the Roanoke County
Charter, the acquisition and disposition of real estate can be authorized only by
ordinance. A first reading of this ordinance was held on June 11, 2013, and a second
reading and public hearing of this ordinance was held on June 25, 2013.
2. That pursuant to the provisions of Section 16.01 of the Roanoke County
Charter, the subject real estate (a portion of Circleview Drive, a fifty foot (50') wide
street containing approximately five hundred twenty five (525) linear feet and 1.103
June 25, 2013 269
acres and (shown as Area #1 on the attached Exhibit "B ") is hereby declared to be
surplus and the nature of the interests in real estate renders it unavailable for other
public use, pursuant to Section 15.2 -2272 of the Code of Virginia, 1950, as amended.
4. That the twenty foot (20') access easement to stormwater management
easement and the stormwater management easement shown as Areas #2 and #3 as
described and shown on Exhibit "B" attached hereto, be and hereby are, vacated
pursuant to Section 15.2 -2272 of the Code of Virginia of 1950, as amended.
5. That Roanoke County hereby accepts the dedication to the public by John
A. Hall & Company, Inc. and Kent S. Greenawalt Revocable Trust of a 0.3285 acre
public drainage easement (Area # 3 on Exhibit "B ") and a 0.117 acre parcel for the
completion of the cul -de -sac at the end of Circleview Drive (Area #4 on Exhibit "B ") to
be dedicated by the recordation of a plat entitled "Resubdivision Plat from records for
John A. Hall & Company, Inc. and Kent S. Greenawalt Revocable Trust showing the
vacation of 1.103 Acres of Circleview Drive, Section 3, Suncrest Heights (PB13, PG
165) Being Vacated by the County of Roanoke and the Dedication of a 0.117 Acre Cul-
de- Sac..." dated May 20, 2013, prepared by Parker Design Group; and
6. That all costs and expenses associated herewith, including but not limited
to publication, survey and recordation costs, shall be the responsibility of the
Petitioners.
7. That the County Administrator, or any Assistant County Administrator, is
hereby authorized to execute such documents and take such actions as may be
necessary to accomplish the provisions of this ordinance, all of which shall be on form
approved by the County Attorney.
8. That this ordinance shall be effective on and from the date of its adoption, and
a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit
Court of Roanoke County, Virginia, in accordance with Section 15.2 -2272 of the Code of
Virginia (1950, as amended).
On motion of Supervisor Moore to adopt the ordinance and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: APPOINTMENTS
1. Community Policy and Management Team (CPMT) (at Large
appointment)
It was the consensus of the Board to recommend the reappointment of
Ms. Lisa McDowell of Braley and Thompson as the Private Community Resource to an
additional three -year term to expire June 30, 2016. Confirmation was placed on the
Consent Agenda.
270 June 25, 2013
Supervisor Church requested the Clerk contact Janice Tawney to see if
she would be willing to serve an additional term on the Social Services Advisory Board.
IN RE: CONSENT AGENDA
RESOLUTION 062513 -13 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 June 25,
2013, 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 2 inclusive, as follows:
1. Approval of minutes — June 11, 2013
2. Confirmation of appointment to the Court Community Corrections Program
Regional Community Criminal Justice Board; Community Policy and
Management Team (CPMT)
On motion of Supervisor Altizer to adopt the resolution and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
A- 062513 -13.a
IN RE: REQUESTS FOR PUBLIC HEARINGS
1. Request for public hearing to establish blight and determine
disposition of property located at 3414 Garst Mill Road (Joel
Baker, Building Inspector)
A- 062513 -14
Mr. Baker outlined the request to hold a public hearing on the 3414 Garst
Mill Road location. There was no discussion.
On motion of Supervisor Elswick to approve the staff recommendation to
hold a public hearing on August 13, 2013 and carried by the following roll call and
recorded vote:
June 25, 2013 271
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke:
Mr. Noah Tickle of 1603 Frosty Lane in Salem, Virginia stated Galileo had
to recant or face death for agreeing with Copernicus and arguing against environmental
issues, which was settled science in 1633. Just 34 years ago, settled science was
manifest in Newsweek with the declaration that the world was entering into its latest ice
age, and we had better do something now or else we would all starve. Robert Frost's
immortal lines from 1920 come to mind, "Some say the world will end in fire; some say
in ice. "..... Apparently, still others can't make up their minds and do chicken little Co2
scary stories, like Maxine Waters. With the fundamental scientific ground so shaky in
support of manmade global warming, why does the theory continue to garner
exaggerated deceptive support? In general, the "wanners" movement can be grouped
neatly into several deceptive blocs. Mostly liberal politicians want access to unlimited
tax revenues; for scientists and pseudo- scientists, global warming victory is a path to
prestige and grants; for large corporations, it's a billion - dollar market (pioneered by
Enron) for trading in carbon credits; for the hard left, it's a new path to dictatorial power,
their tax and spend industrial complex to control every aspect of humanity; for venture
capitalists like Kleiner Perkins and green startups at the public trough, it's a path to
alternative- energy- funding bonanzas; for the radical greens, it's equivalent to the
unquestioned adherence to a religious faith with analogs to Mother Goddess Gaia,
priests and priestess of Al Gore flying around in their private jets, indulging in carbon
offsets, guilt (western affluence) and Governance Groups trying to get in the money pot,
but none of these things can justify or excuse upending our entire financial system or
tossing our economic vibrancy, Liberty, and very sovereignty into the "cesspool" of
European models of socialist global government. We came here long ago to get away
from that and that much SHOULD BE settled fact. The one worlder globalists are here
as a cancer tentacle into our local governance in the UN Socialist form Agenda 21
Trojan Horse as The International Council of Local Environmental Initiatives "A.K.A"
ICLEI. Very simply, defund ICLEI and it will be gone. Defunding always works.
Roxanne Christley of 7259 Willow Valley Road in Roanoke, Virginia stated
the First Amendment of the Constitution expresses the right and duty of all citizens to
express their opinions about the role of government on issues concerning all of us. She
stated she will plan and continue to do her part in expressing hers. Recently, she was
criticized for defending the property rights resolution proposed to this Board on May 14,
2013, with respect to a letter to the editor that she submitted to the Roanoke Times.
She advised she is not here to defend her opinion, but rather to draw attention to it.
272 June 25, 2013
She might state a recent quote from Congressman Bob Goodlatte regarding the
property rights protection act, HR19 -44 being considered by the Federal government.
Private ownership of property is vital to our freedom and our prosperity and is one of the
most fundamental principals embedded in the Constitution. What she found most
appalling when the Roanoke County property rights resolution was introduced last
month was the immediate criticism made by three members of this Board. There was
nothing constructive in that criticism and it was more than obvious that the resolution
was going to be voted down by what has become an ever present and distinct voting
block on this Board. The right of property is not a partisan issue; it is a matter of liberty
for all citizens of this community, of this Commonwealth and of this country. That liberty
is not yours to grant or denigrate as a local governing body, rather it is your job and your
duty to protect and affirm that liberty at every opportunity and under every circumstance.
She asked that this Board provide an affirmative private property rights resolution in July
of this year. Forget about your personal and private agendas for a change. Each of
you work for us, the citizens of Roanoke County and you just need to do the right thing.
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, Church, Elswick, Flora
NAYS: None
1.
General Fund Unappropriated Balance
2.
Capital Reserves
3.
Reserve for Board Contingency
4.
Comparative Statement of Budgeted and Actual Revenues as of
May 31, 2013
5.
Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of May 31, 2013
6.
Accounts Paid — May 31, 2013
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Church advised that Lori Gray, avid supporter of Roanoke
County who sat over behind the first row, wife of Jim Gray, a sweet person who had a
good heart that cared about where she lived and the people that represented Roanoke
County has passed away. He advised he thinks the world of her and Jim Gray, her
husband. He thinks anyone who has met them has nothing but fond feelings for them.
He commented he has to look at it that she just took a trip a few days ago on the way to
June 25, 2013 273
heaven and that is an absolute in his mind and heart. Our prayers and support for Jim
gray and his family; they are good people. Also, recently our Board acknowledged the
known about pending death of our local hero, Luke Hancock's father. Luke Hancock
was here with us as we honored him; he is a strong individual, his family is also strong.
This is another loss that touches Roanoke County and part of its citizenry and just want
to pass on our prayers and condolences to his brother and sisters and Mr. Hancock's
wife and the rest of the Hancock family.
Supervisor Elswick stated he echoes what Mr. Church had to say about
Lori Gray. He was at the funeral and one of the saddest times of his life because he
was so close to Lori and Jim and he will be there for Jim whatever he needs. He also
welcomed people to look at the website for the Bent Mountain Community Center; there
are a lot of activities there. The people attending classes are from all over Roanoke
County and even some from Roanoke City. There was a class on Saturday for people
who wanted to apply for concealed carry permit and a lot of the people were actually
from Roanoke City. He met them as they shot their guns on his property as a part of
the qualification process. So, please go to the website and see if there are any classes
you may be interested in because that Center is there for everybody.
Supervisor Altizer stated on Flag Day, recognizing the Vietnam Veterans
at the Vinton War Memorial, was a moving experience and he is certainly glad that
Roanoke County is a part of a coalition of local governments that is going to recognize
our Vietnam veterans through the next four years. He stated that is going to be a good
thing.
IN RE: ADJOURNMENT
Chairman Altizer adjourned the meeting at 9:38 p.m.
Approved by:
Michael W. Altizer
Chairman
Clerk to the Board
274
June 25, 2013
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