12/10/2013 - RegularDecember 10, 2013 569
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the only
regularly scheduled meeting of the month of December 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 to order an invocation was given by Evangelist Johnnie
A. Tickle of Valley Christian Church. The Pledge of Allegiance was recited by all
present.
IN RE: CALL TO ORDER
taken.
Chairman Altizer called the meeting to order at 3:03 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: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
Chairman Altizer to add an additional briefing as D.2 on building safety to
be given by B. Clayton Goodman III, County Administrator.
Mr. Mahoney advised on behalf of Vice Chairman Moore he is asking the
Board withdraw Q -2. The petition of Roanoke County Board of Supervisors to rezone
approximately 0.51 acre from R -1, Low Density Residential, District to C -2, High
570 December 10, 2013
Intensity Commercial, District, located at 3319 and 3323 Westmoreland Drive, Cave
Spring Magisterial District.
Mr. Mahoney advised that Supervisor Church has moved Item 1.2 -
Request for authorization to execute a Modification Agreement between the County of
Roanoke, the Roanoke County Economic Development Authority, HyperGen, Inc. and
4D Investments, LLC, Hollins Magisterial District from consent and placed under new
business.
There were no objections to the changes.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of appreciation to Richard C. Flora for his service as a
member of the Board of Supervisors from 1972 through 1975 and
2002 through 2013
The resolution was read by the Clerk. All Supervisors offered their thanks
and congratulations.
RESOLUTION 121013 -1 OF APPRECIATION TO RICHARD C.
FLORA FOR HIS SERVICE AS A MEMBER OF THE BOARD OF
SUPERVISORS FROM 1972 THROUGH 1975 AND 2002
THROUGH 2013
WHEREAS, Richard C. Flora was first elected to represent the Hollins
Magisterial District on the Board of Supervisors of Roanoke County from 1972 through
1975 and was again elected and served in the same capacity from January 1, 2002,
through December 31, 2013; and
WHEREAS, during both tenures as a member of the Board, Supervisor Flora
served with exemplary professionalism and dedication, working on behalf of the people
of his district and all citizens of Roanoke County; and
WHEREAS, his leadership skills were recognized by his fellow Board members
when he was chosen to serve as Chairman of the Board of Supervisors in the years
2004 2008, and most recently in 2012; and
WHEREAS, Supervisor Flora consistently focused on the best interests of not
just his district but of the County as a whole, demonstrating a keen understanding of the
scope and complexity of issues facing local governments and a willingness to work
cooperatively toward viable, long -term solutions; and
WHEREAS, Supervisor Flora recognized the importance of maintaining a vibrant
public school system and worked with County personnel and the Roanoke County
School Board and staff to develop policies that would provide stable sources of funding
for needed capital improvement projects, a collaboration that resulted in an innovative
December 10, 2013 571
and fiscally sound revenue sharing agreement that won state and national recognition;
and
WHEREAS, during Mr. Flora's tenure, both the Schools and the County were
able to address long- standing infrastructure issues, including renovating numerous
school buildings and opening new or replacement facilities, including the Green Ridge
Recreation Center, the Fleet Service Center, the North County Fire and Rescue Station,
and the South County and Glenvar libraries; improvements to the emergency radio
system; and an expansion of the parks and greenway systems; and
WHEREAS, Supervisor Flora supported economic development initiatives,
including the successful effort to bring the Ardagh Group manufacturing project to the
Hollins District, and advanced the best interests of the citizens of Roanoke County in
other ways, including participating in a coalition of public and private groups attempting
to preserve sixty (60) acres of irreplaceable view shed along the Blue Ridge Parkway,
an effort which led to an award from Scenic Virginia; and
WHEREAS, Supervisor Flora represented Roanoke County on numerous civic
and governmental committees, including the Roanoke Valley - Alleghany Regional
Commission, the Metropolitan Planning Organization, the Roanoke County School
Construction Committee, and the Virginia Association of Counties; and
WHEREAS, Supervisor Flora served as a volunteer with the Hollins Fire and
Rescue unit from 1975 until 1981 and was recognized throughout his career for his
other contributions to the community, including being named one of the Outstanding
Young Men of America, being selected for Who's Who in Virginia, and being chosen for
the Cave Spring Jaycees Outstanding Citizen Award.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of
the citizens of Roanoke County to RICHARD C. FLORA for his commitment to public
service, his collegial approach to leadership and the many significant contributions he
made as a member of the Board of Supervisors; and
FURTHER, the Board of Supervisors congratulates Supervisor Flora at the
conclusion of his terms of office and wishes him continued success in his future
endeavors.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Church, Elswick, Altizer
NAYS: None
ABSTAIN: Supervisors Flora
2. Resolution of appreciation to Eddie "Ed" Elswick for his service
as a member of the Board of Supervisors from 2010 through 2013
572 December 10, 2013
The resolution was read by the Clerk. All Supervisors offered their thanks
and congratulations.
RESOLUTION 121013 -2 OF APPRECIATION TO EDDIE "ED"
ELSWICK FOR HIS SERVICE AS A MEMBER OF THE BOARD
OF SUPERVISORS FROM 2010 THROUGH 2013
WHEREAS, Eddie "Ed" Elswick was elected to represent the Windsor Hills
Magisterial District on the Board of Supervisors of Roanoke County in November 2009
with a term that started January 1, 2010, and served in that capacity through December
31,2013-and
WHEREAS, during his tenure as a member of the Board, Supervisor Elswick
served with zeal and dedication, working on behalf of the people of his district and all
citizens of Roanoke County with his steadfast determination to return every phone call
and reply to every email that was sent to him; and
WHEREAS, Supervisor Elswick participated on various committees on behalf of
Roanoke County, including the Roanoke Valley Alleghany Regional Commission;
Roanoke Valley Alleghany Regional Comprehensive Economic Development Strategy
Committee, Roanoke Valley Alleghany Regional Commission — Metropolitan Planning
Organization (alternate) and the School Construction Committee; and
WHEREAS, one of Mr. Elswick's main objectives was to safeguard and protect
the beauty and the serenity of the mountains that surround the Roanoke Valley; and
WHEREAS, Mr. Elswick was an outspoken critic of any action that did not include
the well being of the citizens of Roanoke County; and
WHEREAS, Mr. Elswick welcomed visits from all citizens and always took the
time to listen to their concerns and opinions; and
WHEAEAS, Supervisor Elswick's only special interest groups were his
constituents, their families and their friends; and
WHEREAS, Mr. Elswick championed the efforts to retain the Bent Mountain
school building as a Community Center for all the surrounding citizens to enjoy; and
WHEREAS, Supervisor Elswick became known as a "maverick," a term that
endeared him with this followers and constituents as he was always proud to stand up
for his beliefs.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and that of the citizens of
Roanoke County to EDDIE "ED" ELSWICK for his commitment to public service, his
belief in democracy and championing of citizen participation in local government; and
FURTHER, the Board of Supervisors congratulates Supervisor Elswick at the
conclusion of his term of office and wishes him continued success in future endeavors.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
December 10, 2013 573
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
3. Resolution of appreciation to Michael W. Altizer for his service as
a member of the Board of Supervisors from 2002 through 2013
and his service as Chairman of the Board in 2013
The resolution was read by the Clerk. All Supervisors offered their thanks
and congratulations.
RESOLUTION 121013 -3 OF APPRECIATION TO MICHAEL W.
ALTIZER FOR HIS SERVICE AS A MEMBER OF THE BOARD OF
SUPERVISORS FROM 2002 THROUGH 2013 AND HIS SERVICE
AS CHAIRMAN OF THE BOARD IN 2013
WHEREAS, Michael W. Altizer was first elected to represent the Vinton
Magisterial District on the Board of Supervisors of Roanoke County in November 2002,
and served in that capacity through December 31, 2013; and
WHEREAS, during his eleven (11) years as a member of the Board, Supervisor
Altizer served with professionalism and dedication, working on behalf of the people of
his district and all citizens of Roanoke County; and
WHEREAS, throughout his tenure, his steadfast support for the business
community and emphasis on the benefits of regional partnerships helped create a
positive environment for economic development efforts and numerous joint initiatives,
including development of the Western Virginia Regional Jail Authority; the Regional
Center for Animal Control and Protection; Regional Cooperation in Extraterritorial Arrest
Powers; the Broadband Authority; the Western Virginia Regional Industrial Facility
Authority; and the Roanoke County Criminal Justice Academy; and
WHEREAS, recognizing that a strong infrastructure is necessary for a
government to effectively serve its citizens, Supervisor Altizer supported critically
needed capital improvements, including the construction of a new Public Safety Center;
the Western Virginia Regional Jail; the North County Fire and Rescue Station; the Fleet
Service Center; the South County Library; the Green Ridge Recreation Center; the
Roanoke Valley Regional Fire Training Tower; the Glenvar Library; the future Vinton
Library, and the upgrade of the emergency radio system; as well as the expansion of
parks, greenways, and recreational facilities throughout the County; and
WHEREAS, Supervisor Altizer participated on various committees on behalf of
Roanoke County, including the Roanoke County Cable Television Committee; the Fifth
Planning District Regional Alliance; the Roanoke Regional Partnership; the Roanoke
Valley - Alleghany Regional Commission; the Regional Stormwater Management and
Water Supply Policy committees; the Virginia Association of Counties; and the Western
Virginia Regional Jail Authority.
574 December 10, 2013
WHEREAS, Supervisor Altizer's leadership skills were recognized by his fellow
Board members when he was chosen to serve as Chairman of the Board of Supervisors
in the years 2005, 2009 and 2013; and
WHEREAS, in the course of Mr. Altizer's current term as Chairman, County
accomplishments included:
➢ Approval of a new library to become the centerpiece of revitalization
efforts in the Town of Vinton
➢ Negotiation of a ninety -nine (99) year lease to renew and expand
recreational opportunities at Explore Park
➢ Convening the regional Economic Development Summit, which
subsequently led to the formation of the Western Virginia Regional
Industrial Facility Authority to encourage regional cooperation and
shared strategic economic development objectives
➢ Completion of an agreement with Ardagh Group to bring a major
corporate citizen, with quality employment opportunities, to Roanoke
County
➢ Partnership in the Roanoke Valley Broadband Authority to promote
implementation of the highest quality open access broadband Internet
service that will ensure the region remains competitive in business,
educational, and personal growth opportunities
➢ Establishment of the Roanoke County Stormwater Management
Committee to address looming federal and state mandates.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County, Virginia, expresses its deepest appreciation and that of the citizens of
Roanoke County to MICHAEL W. ALTIZER for his commitment to public service,
dedication to the welfare of his fellow citizens, and thoughtful leadership while a
member of the Board of Supervisors; and
FURTHER, the Board of Supervisors congratulates Supervisor Altizer at the
conclusion of his term of office and wishes him continued success in future endeavors.
On motion of Supervisor Moore to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick
NAYS: None
ABSTAIN: Supervisor Altizer
IN RE: BRIEFINGS
1. Briefing on the results of the 2014 General Reassessment (Billy
Driver, Director of Real Estate Valuation)
Mr. Driver gave a brief PowerPoint presentation on the results of the 2014
December 10, 2013 575
reassessment. A copy of this presentation is on file in the office of the Clerk to the
Board of Supervisors.
2. Briefing on safety issues at the Roanoke County Administration
Center (B. Clayton Goodman III, County Attorney)
Mr. Goodman turned the meeting over to Police Chief Howard Hall who
gave a brief overview of the last two responses where Police were called to the RCAC.
Anne Marie Green, Director of General Services advised what security measures are
going into place.
Supervisor Elswick suggested this is something the new Board needs to
address.
Chairman Altizer thinks the Treasurer's office needs a panic button and
more cameras and needs to have the same things in place that the Real Estate office
has.
implemented.
Don Karnes, Risk Manager went through the procedures that have been
IN RE: NEW BUSINESS
A- 121013 -4
1. Request to grant an additional Christmas Holiday on Monday,
December 23, 2013 (B. Clayton Goodman III, County
Administrator)
Supervisor Flora noted the Circuit Court is closed from December 23
through the 26, 2013.
Supervisor Elswick wanted to know why staff waited to the last minute,
take into account next year.
Supervisor Flora stated the Governor just announced this week.
On motion of Supervisor Altizer to approve the staff recommendation, the
motion was carried by the following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
2. Request for authorization to execute a Modification Agreement
between the County of Roanoke, the Roanoke County Economic
Development Authority, HyperGen, Inc. and 4D Investments, LLC,
Hollins Magisterial District (Paul Mahoney, County Attorney, Jill
Loope,)
576
December 10, 2013
A- 121013 -5
Ms. Loope outlined the request. There was no discussion.
On motion of Supervisor Flora to approve the staff recommendation, the
motion was carried by the following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. Ordinance authorizing the vacation of a portion of an existing
fifteen foot (15') public utility easement and acceptance of the
relocated fifteen foot (15') public utility easement on property of
Lois M. Ashby, remaining Lot 8, Farmington Place (Plat Book 18,
Page 89, tax map number 076.20 -09- 08.00- 0000), Windsor Hills
Magisterial District (Arnold Covey, Director of Community
Development)
Mr. Covey outlined the ordinance. There was no discussion. Supervisor
Elswick moved to approve first reading and set the second reading and public hearing
for January 14, 2014. The motion was carried by the following roll call and recorded
vote.
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
2. Ordinance accepting and appropriating a grant in the amount of
$7,500 from the Governor's Agriculture and Forestry Industries
Development Fund (AFIDS) for a planning grant for the Catawba
Sustainability Center (Jill Loope, Director of Economic
Development)
Ms. Loope outlined the ordinance.
Supervisor Church recognized Frank and Louise Garman as being in
attendance. There was no discussion.
Supervisor Church moved to approve first reading and set the second
reading January 14, 2014. The motion was carried by the following roll call and
recorded vote.
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
December 10, 2013 577
NAYS: None
3. Ordinance accepting and appropriating a Stormwater
Management (SWM) Program grant in the amount of $99,242 from
the Virginia Department of Environmental Quality (DEQ) to the
Community Development Department (Tarek Moneir, Deputy
Director of Development)
Mr. Moneir outlined the request for the ordinance. There was no
discussion.
Supervisor Altizer moved to approve first reading and set the second
reading January 14, 2014. The motion was carried by the following roll call and
recorded vote.
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Ordinance accepting and appropriating $2,760.11 from the
Federal Emergency Management Agency and the Virginia
Department of Emergency Management for reimbursement of
expenditures related to the June 2012 Derecho storm (Joey
Stump, Division Chief)
Division Chief Stump outlined the request for ordinance and advised there
were no changes from the first reading. There was no discussion.
ORDINANCE 121013 -6 ACCEPTING AND APPROPRIATING
$2,760.11 FROM THE FEDERAL EMERGENCY MANAGEMENT
AGENCY AND THE VIRGINIA DEPARTMENT OF EMERGENCY
MANAGEMENT FOR REIMBURSEMENT OF EXPENDITURES
RELATED TO THE JUNE 2012 DERECHO STORM
WHEREAS, the County of Roanoke declared a state of emergency on June 30,
2012, and operated the County Emergency Operations Center until Friday, July 6, 2012;
and
WHEREAS, the emergency declaration request from Virginia was approved and
a federal declaration approved; and
WHEREAS, the County has submitted over $350,000 of expenditure
reimbursements for three (3) separate projects under federal requirements; and
578 December 10, 2013
WHEREAS, partial payment was received on all three (3) of the submissions to
date; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on November 12, 2013, and
the second reading was held on December 10, 2013.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $2,760.11 is hereby accepted and appropriated from the
Federal Emergency Management Agency and Virginia Department of Emergency
Management as reimbursement to the Parks and Recreation Department; and
2. That this ordinance shall take effect from and after the date of adoption.
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
2. Ordinance accepting and appropriating $96,906 to Roanoke
County Public Schools for various grants (Rebecca Owens,
Director of Finance)
Ms. Owens outlined the ordinance and advised there were no changes
from the first reading.
ORDINANCE 121013 -7 ACCEPTING AND APPROPRIATING
$96,906 TO ROANOKE COUNTY PUBLIC SCHOOLS FOR
VARIOUS GRANTS
WHEREAS, The Roanoke County Public Schools Driver Education program
received a $1,000 grant to develop and improve safe driving habits for teen drivers; and
WHEREAS, The Virginia Department of Education provided a grant in the
amount of $95,906 to be used for replacing the analog cameras with digital technology
camera systems at Cave Spring and William Byrd High Schools'; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on November 12, 2013, and
the second reading was held on December 10, 2013.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $96,906 is hereby accepted and appropriated to the
County School Board for Roanoke County for various grants.
December 10, 2013 579
2. That this ordinance shall take effect from and after the date of adoption.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
3. Ordinance appropriating funds in the amount of $100,000 from the
Virginia Recreational Facilities Authority to Roanoke County
Parks, Recreation and Tourism for Building and Park
Improvements at Explore Park (Doug Blount, Director of Parks,
Recreation and Tourism)
Mr. Blount outlined the request for the ordinance and advised there were
no changes from the first reading. There was no discussion.
ORDINANCE 121013 -8 APPROPRIATING FUNDS IN THE
AMOUNT OF $100,000 FROM THE VIRGINIA RECREATIONAL
FACILITIES AUTHORITY TO ROANOKE COUNTY PARKS,
RECREATION, AND TOURISM FOR BUILDING AND PARK
IMPROVEMENTS AT EXPLORE PARK
WHEREAS, on September 24, 2013, the Board of Supervisors of Roanoke
County approved a ninety -nine (99) year lease of Explore Park; and
WHEREAS, described in the lease it prescribes that the Virginia Recreational
Facilities Authority will transfer $100,000 to Roanoke County in October of 2013 and the
remaining Virginia Recreational Facilities Authority funds in January of 2014 for the
purpose of renovating the Taubman Building, Mount Union Church, Brugh Tavern and
park grounds surrounding the structures ; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, first reading of this ordinance was held on November 12, 2013, and
the second reading was held on December 10, 2013.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $100,000 is hereby appropriated from the sources and for
the purposes as follows:
•
December 10, 2013
Funding Source
Facility
Repairs
Budget
VRFA transfer
Taubman Building
Deck repaired /replaced
$40,000
Water system repairs
HVAC
repairs /replacement
VRFA transfer
Mount Union
Interior painting /repairs
$40,000
Church
Repair to porch and
columns
Exterior and interior
painting
Interior repairs
Water system repairs
HVAC repairs
Road repair
Tree pruning
Grounds and
landscaping repairs
VRFA transfer
Brugh Tavern
Water system repairs
$75,000
Interior repairs
estimate
Electric repairs
Will spend
Elevator repairs
remaining
Food equipment repairs
balance of
Parking lot /road repairs
$100,000
towards repairs
2. That this ordinance shall take effect from and after the date of adoption.
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. Ordinance accepting and appropriating a grant in the amount of
$5,172 from the Virginia Department of Fire Programs for the
repair of the existing burn building (Richard E. Burch, Jr. Chief of
Fire and Rescue)
December 10, 2013 581
Deputy Chief Stump outlined the ordinance and advised there were no
changes from the first reading. There was no discussion.
ORDINANCE 121013 -9 ACCEPTING AND APPROPRIATING A
GRANT IN THE AMOUNT OF $5,172 FROM THE VIRGINIA
DEPARTMENT OF FIRE PROGRAMS FOR THE REPAIR OF
THE EXISTING BURN BUILDING
WHEREAS, Roanoke County, Roanoke City, City of Salem and the Town of
Vinton participate jointly in the Roanoke Valley Regional Fire /EMS Center; and
WHEREAS, these same localities shared in the construction costs to replace the
twenty -two (22) year old burn building previously used for fire training; and
WHEREAS, a replacement facility was dedicated on September 11, 2009, and
has seen numerous live burns in the simulated environment since that time; and
WHEREAS, in preparation for the second burn for the regional academy,
malfunctions in the burn props were encountered resulting in the props not firing or
lighting; and
WHEREAS, temporary repairs were made to make the building operational for
the graduating class; and
WHEREAS, Roanoke County Fire and Rescue department applied for a
Department of Fire Programs burn building repair grant from the Virginia Department of
Fire Programs and was awarded $5,172 for critical repairs to the burn building; and
WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be
appropriated by ordinance; and
WHEREAS, the first reading of this ordinance was held on November 12, 2013
and the second reading was held on December 10, 2013.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the sum of $5,172 is hereby appropriated from the Department of
Fire Programs for the repair of the burn building to the Fire Department.
2. That this ordinance shall take effect from and after the date of adoption.
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: CONSENT AGENDA
RESOLUTION 121013 -10 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
582 December 10, 2013
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM I- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for December
10, 2013, designated as Item I - Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 3 inclusive, as follows:
1. Approval of minutes — October 22, 2013
2. Re quest for of thorizati�G eXeG to a MedifiGatin A between the
County of Roanoke the Roanoke C inty GGeno�Dev Authority,
- yperGon investments I I (` Magisterial Dist4
rr�P > Inn and 4D > Hollins ri C4 °TU9rrr��arv
3. Resolution requesting acceptance of Fairway Ridge Road into the Virginia
Department of Transportation Secondary System; Windsor Hills Magisterial
District
On motion of Supervisor Church to adopt the resolution, with the removal of item
2, and carried by the following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
RESOLUTION 121013 -10.a REQUESTING ACCEPTANCE OF
FAIRWAY RIDGE ROAD INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM; WINDSOR HILLS
MAGISTERIAL DISTRICT
WHEREAS, the streets described on the attached Addition Form AM -4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County; and
WHEREAS, the representative for the Virginia Department of Transportation has
advised this Board that the street(s) meet the requirements established by the Virginia
Department of Transportation's Subdivision Street Requirements; and
WHEREAS, the County and the Virginia Department of Transportation have
entered into an agreement on March 9, 1999, for comprehensive stormwater detention
which applies to this request for addition.
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia
Department of Transportation to add the street(s) described on the attached Additions
Form AM -4.3 to the secondary system of state highways, pursuant to §33.1 -229, Code
of Virginia, and the Department's Subdivision Street Requirements, after receiving a
copy of this resolution and all outstanding fees and documents required of the
developer, whichever occurs last in time.
December 10, 2013 583
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right -of -way, as described, and any necessary easements for cuts, fills and drainage;
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the Residency Administrator for the Virginia Department of Transportation.
On motion of Supervisor Church 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: REQUESTS FOR WORK SESSIONS
1. Request for public hearing to establish blight and determine
disposition of property located at 3060 Ivyland Road (Joel Baker,
Building Commissioner)
A- 121013 -11
Mr. Baker outlined the request and requested the public hearing for the
second meeting in January or first meeting in February.
Supervisor Elswick inquired how does staff become aware of a blight
situation with Mr. Baker advising through repeated violation notices. Supervisor Elswick
then asked if it was unusual for citizens to call with Mr. Baker responding not unusual.
On motion of Supervisor Altizer to approve the staff recommendation, the
motion was carried by the following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS
The following citizens spoke:
Noah Tickle of 1603 Frosty Lane in Roanoke stated is global warming a
looming catastrophe that will destroy life as we know it unless America and the world
rapidly wean themselves off fossil fuels? That is the deep green message Al Gore and
countless other Socialist influential individuals and UN Socialist Non - governmental
organizations like ICLEI -The International Council of Local Environmental Initiatives
have preached for years, and they continually invoke the "consensus of scientists" as
the alleged authority for their assessment agenda. When, in fact, their so called scientist
spin false Rumple- stilt -skin gold by what's in your wallet. But a funny thing happened on
the way to the apocalypse. The command post and fortress of the so- called scientific
584 December 10, 2013
consensus, the United Nations socialist Intergovernmental Panel on Climate Change
(IPCC), just canceled Al Gore's planetary emergency. The socialist so- called IPCC -The
International Panel on Climate Change now declares that in the 21st Century, Atlantic
Ocean circulation collapse is "very unlikely," ice sheet collapse is "exceptionally
unlikely," Okay, the IPCC does not do so in as many words.That would be too great an
admission against their socialist interest for an organization whose prestige, influence.
and perks utterly depend on keeping the public alarmed about their chicken little scary
stories about climate change In fact climate change is the sun Think about it" "What a
shock" . Nonetheless, even while declaring itself more confident than ever that global
warming is man -made and despite the ongoing 16 -year warming pause that lying
climatologists did not anticipate and still struggle to explain with more lies. The IPCE is
also more confident that no warming- induced catastrophes will occur during the 21st
Century "Woah -Whoo" what a relief; talk about an inconvenient truth I feel so much
better now. I am thinking "I will go put a lump of coal in my Christmas stocking for being
one of their climate warming deniers." Let's go burn some coal in my fireplace. The
plants outside need it to keep us alive. I pray we will recover from their lies. Merry
Christmas.
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. Treasurer's Statement of Accountability
Portfolio Policy as of October 31, 2013
5. Comparative Statement of Budgeted and
October 31, 2013
per Investment and
Actual Revenues as of
6. Comparative Statement of Budgeted and Actual Expenditures and
Encumbrances as of October 31, 2013
7. Accounts Paid — October 31, 2013
8. Treasurer's Statement of Accountability per Investment and
Portfolio Policy as of November 30, 2013
December 10, 2013 585
IN RE: CLOSED MEETING
At 5:05 p.m., Supervisor Altizer moved to go into closed meeting pursuant
to the Code of Virginia Section 2.2 -3711 A 1. To discuss and consider the performance
of specific public officers or employees, namely the County Administrator and the
County Attorney and Section 2.2- 3711.A.1, Personnel, namely discussion concerning
appointments to the Western Virginia Regional Jail Authority
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
The closed session was held from 6:14 pm until 6:45 pm
At 5:06 p.m. Chairman Altizer recessed to the 4 floor for closed session.
IN RE: CERTIFICATION RESOLUTION
At 7:02 p.m., Supervisor Altizer moved to return to open session and
adopt the certification resolution.
RESOLUTION 121013 -12 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.
586 December 10, 2013
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. Recognition of Debbie Pitts for her contributions to Explore Park
(Doug Blount, Director of Parks, Recreation and Tourism)
In attendance for this recognition was Debbie Pitts, VFRA Board
Members: David Hurt, Bill Tanger, Trixie Averill and Judy Cunningham. All
Supervisors offered their thanks.
2. Resolution recognizing Mount Pleasant Volunteer Fire Chief Colin
Gee for his thirty -three (33) years of service (Richard E. Burch, Jr.,
Chief of Fire and Rescue)
Division Chief Joey Stump was in attendance in place of Chief Burch. The
Clerk read the resolution. In attendance for this recognition was Chief Gee.
RESOLUTION 121013 -13 RECOGNIZING MOUNT PLEASANT
VOLUNTEER FIRE CHIEF COLIN GEE FOR HIS THIRTY -THREE
(33) YEARS OF SERVICE
WHEREAS, Colin Gee joined the Mount Pleasant Volunteer Fire Department in
February of 1980; and
WHEREAS, Mr. Gee is scheduled to retire on December 31, 2013, after thirty -
three (33) years of devoted, faithful and expert service with the County; and
WHEREAS, during his time serving Roanoke County, Mr. Gee rose through the
ranks serving as Training Committee Officer, Lieutenant, Captain and Assistant Chief
before becoming Chief; and
WHEREAS, Mr. Gee became the third (3 Chief of the Mount Pleasant
Volunteer Fire Company on January 1, 1994; and
WHEREAS, Mr. Gee served on a number of noteworthy boards including: the
Roanoke County Fire Chiefs Board since 1990, served as Chairman of the Roanoke
County Fire Chiefs Board for six (6) years, member of the Virginia State Firefighters
Association and Virginia State Fire Chiefs Association, served on the LOSAPNIP Board
of Trustees for more than twelve (12) years; and
WHEREAS, Mr. Gee held the following certifications while volunteering:
December 10, 2013 587
o Fire Instructor 1, 2, 3 and Associate Fire Instructor
• Firefighter, Level 1, 2, 3
• Emergency Vehicle Operator's Class (EVOC), Level 1, 2, 3, 4
o Hazardous Materials Level 3
o Rope Rescue, Level 3
o Confined Space Rescue
o Trench Rescue
o Vehicle Extrication
o Emergency Medical Technician /Basic level
WHEREAS, Mr. Gee also taught firefighter certification classes for twenty -three
(23) years to an estimated four hundred (400) or more Roanoke County volunteer
firefighters; and
WHEREAS, Mr. Gee served with, supervised, train and mentored over eighty
(80) Mount Pleasant volunteer firefighter volunteers since 1980; and
WHEREAS, Mr. Gee served during the following memorable incidents: the
Election Day flood of 1985; the 1989 Shenandoah Homes Retirement Community Fire
that claimed the lives of four (4) elderly residents and injured twenty -three (23) others;
the 1997 incendiary house fire in Vinton where firefighters later discovered the four (4)
bodies of the Hodges family; and the 2002 Starlight Lane Tire and Brush Fire that
burned more than one thousand (1 000) acres and millions of tires.
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 COLIN GEE for thirty -three (33) years of capable,
loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy
and productive retirement.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
588 December 10, 2013
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. The petition of Gary and Tamera Tickle to rezone approximately
0.93 acre from C -1, Low Intensity Commercial, District to C -2,
High Intensity Commercial, District and to obtain a Special Use
Permit for the operation of a car wash, located at 1905 Electric
Road, Windsor Hills Magisterial District (Philip Thompson, Deputy
Director of Planning)
Mr. Thompson outlined the request for the special use permit. Ben Crew
with Balzer and Associates was in attendance to answer questions and gave a brief
overview.
Chairman Altizer opened the public hearing and the following citizen
spoke.
Rick Sidor stated he was at the Planning Commission meeting last week,
but did not realize you had to sign up and when he tried to speak he was advised it was
closed, so you do not have his comments. He stated he is the property immediately
south that adjoins this property for proposed rezoning. The first he heard about all of
this was the sign that went out in front and then he got a letter, but he has not been
contacted by the actual people who are trying to rezone this. Our properties adjoin one
another and he sits downhill from them and there is no buffer between our two
properties. We use that side of the building to enter and exit our office and he is just
really concerned about the noise, the water, the site; it is certainly not what he had
envisioned when he purchased the property and put the office there. He is a little
concerned about his property value with the car wash next door. He is not sure that
enhances it; basically it is an office area. So, those are some of his concerns for that
part of the property. He also learned about the signage and the landscaping that is
going in front. His building sits back a little bit and he already has patients who miss his
building as they are going by and to put a block in front of that with the signs and the
trees that were proposed concern him a little bit as well. But, his biggest concern is the
traffic. You have a right -hand turn lane that serves the church, this property and his and
actually the night he was coming to the Planning Commission the police had a couple of
cars that had a fender bender out in front in his parking lot. You are going to add
between eighteen and twenty (18 and 20) cars on that property per hour, using that
right -hand turn lane that is already used for the church and his office and then you have
cars coming across Rt. 419 making left -hand turns out of the other offices on the other
side as well as the neighborhood and he thinks it sets up a potential for a lot more
accidents in that area. So, he thinks that is all he wanted to say. Thank you for hearing
him out and taking these things into consideration.
Chairman Altizer closed the public hearing. There was no discussion.
December 10, 2013 589
ORDINANCE 121013 -14 REZONING APPROXIMATELY 0.93
ACRE FROM C -1, LOW INTENSITY COMMERCIAL DISTRICT
TO C -2C, HIGH INTENSITY COMMERCIAL DISTRICT WITH
CONDITIONS AND TO OBTAIN A SPECIAL USE PERMIT TO
OPERATE A CAR WASH, WINDSOR HILLS MAGISTERIAL
DISTRICT
WHEREAS, the first reading of this ordinance was held on November 12, 2013,
and the second reading and public hearing were held December 10, 2013; and
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on December 2, 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 0.93 acre, as described herein, and located at 1905 Electric Road (Tax
Map #067.18 -01- 02.01 -0000) in the Windsor Hills Magisterial District, is hereby
changed from the zoning classification of C -1, Low Intensity Commercial District, to the
zoning classification of C -2C, High Intensity Commercial District.
2. That this action is taken upon the application of Gary and Tamera Tickle.
3. That the owner of the property, Baron Enterprises of VA, Inc., has
voluntarily proffered in writing the following conditions which the Board of Supervisors of
Roanoke County, Virginia, hereby accepts:
1) A monument -style sign, limited to ten (10) feet in height, shall be
constructed with materials to match the building facade and dumpster
enclosure. Any LED or digital faces shall be limited to twenty percent
(20 %) of the allowable freestanding monument -style signage. In addition,
these LED or digital faces shall incorporate low intensity light projection.
2) One row of large evergreen trees shall be planted along the northern
property line. Trees shall be planted thirty (30) feet apart on center.
4. That the Board finds that the granting of a special use permit to Gary and
Tamera Tickle for the operation of a car wash on a 0.93 acre parcel located at 1905
Electric 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:
1) The site shall be developed in substantial conformance with the "H2GLO
Car Wash — Masterplan," prepared by Balzer and Associates, Inc. dated
October 4, 2013, subject to those changes which may be required by
Roanoke County during comprehensive site plan review.
590 December 10, 2013
2) The sides and rear of the dumpster enclosure shall be constructed of
materials to match the building facade. The dumpster enclosure shall be
screened by tree and shrub plantings.
5. That said real estate is more fully described as follows:
A parcel containing 0.93 acre located at 1905 Electric Road being further
described as Tax Map #067.18 -01- 02.01 -0000.
6. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Elswick to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
This agenda item was withdrawn.
3. Ordinance amending Section 15 -10. Behavior of the Roanoke
County Code to permit the use, consumption or possession of
alcoholic beverages at Roanoke County facilities (Doug Blount,
Director of Parks, Recreation and Tourism; Paul M. Mahoney,
County Attorney and Diana Rosapepe, Director of Libraries)
Mr. Blount outlined the ordinance.
Supervisor Elswick commented he would like to see this expanded and
have the County Administrator approve on a case by case basis.
Supervisor Church commented this is new territory and will have to
recognize those who will frown upon, advised to move cautiously.
Chairman Altizer opened and closed the public hearing. There were no
citizens to speak on this item. There was no further discussion.
..
approximately
0.51 acre from
R-1,
Low
Density Residentiat-,
District to C-2, High
Intensity Commercial,
District,
-. '
located at 3319
and 3323 Westmoreland
Drmve, Ca
Di I
-
Magisterial Distric
(Philip Thompson,
Deput
A Planning)
This agenda item was withdrawn.
3. Ordinance amending Section 15 -10. Behavior of the Roanoke
County Code to permit the use, consumption or possession of
alcoholic beverages at Roanoke County facilities (Doug Blount,
Director of Parks, Recreation and Tourism; Paul M. Mahoney,
County Attorney and Diana Rosapepe, Director of Libraries)
Mr. Blount outlined the ordinance.
Supervisor Elswick commented he would like to see this expanded and
have the County Administrator approve on a case by case basis.
Supervisor Church commented this is new territory and will have to
recognize those who will frown upon, advised to move cautiously.
Chairman Altizer opened and closed the public hearing. There were no
citizens to speak on this item. There was no further discussion.
December 10, 2013 591
ORDINANCE 121310 -15 AMENDING SECTION 15 -10.
BEHAVIOR OF THE ROANOKE COUNTY CODE TO PERMIT
THE USE, CONSUMPTION, OR POSSESSION OF ALCOHOLIC
BEVERAGES AT ROANOKE COUNTY FACILITIES
WHEREAS, the Board of Supervisors of Roanoke County intends to increase the
use of limited County -owned park and library facilities through the selective permission
to use, consume, or possess alcoholic beverages thereon; and
WHEREAS, the Board intends to allow the use, consumption, or possession of
alcoholic beverages at these facilities for a limited number of meaningful events with a
positive impact to the community; and
WHEREAS, the limited and restrictive permission to use, consume, or possess
alcoholic beverages on certain County -owned properties would provide financial
benefits for tourism and fund - raising; and
WHEREAS, the Parks, Recreation and Advisory Commission and the Library
Board have both approved this policy; and
WHEREAS, the first reading of this ordinance was held on November 12, 2013;
and the second reading and public hearing were held on December 10, 2013.
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors as follows:
1. That the Roanoke County Code be amended to read and provide as
follows:
Sec. 15 -10. - Behavior.
No person in any park shall:
(1) Intoxication. Enter upon or be in or remain in a park while under the influence of
alcoholic beverages or any controlled substance as defined by the Drug Control Act of
the Code of Virginia, except as authorized by a permit from the director.
(2) Taking a drink or tendering same. Take a drink of any alcoholic beverage or
tender a drink thereof to any other person, whether accepted or not, except as permitted
by Section 4.1 -308C of the Code of Virginia, 1950, as amended, or as permitted by a
permit issued by the director.
(3) Domestic animals. Be responsible for the entry of a dog or other domestic animal
into a park unless carried, led by a chain, strap or rope, or kept in a wagon, automobile
or other vehicle by chain, rope or strap. Dogs, cats or other domestic animals shall not
be permitted to enter any lake, pond, fountain, swimming pool, stream, all special event
areas and tournaments, ball fields or food and beverage concession area within any
park or recreation area. Service dogs shall be excluded from the provisions of this
regulation. All domestic animal waste must be disposed of in a proper manner (i.e.
scooper or plastic baggie) by owner.
No non - working animal or pet shall be allowed at special events in county parks. Non-
working animals or pets include, but are not limited to, dogs, cats, horses, reptiles or
other animals that are present at a special event other than for the express purpose of
592 December 10, 2013
assisting an individual with a disability. Also excluded are those animals or pets which
are an attraction and /or a part of the special event.
(4) Fires. Build or attempt to build a fire except in such areas and under such
regulations as may be designated by the director. No person shall drop, or throw or
otherwise scatter lighted matches, burning cigarettes, cigars, tobacco paper or other
inflammable material within any park area, or on any highway, road or street abutting or
contiguous thereto.
(5) Closed areas. Enter an area posted as "Closed to the Public" or "No
Trespassing" or otherwise "closed" in accordance with section 15 -11(b) of this chapter.
No person shall use or abet the use of any area in violation of posted notices.
(6) Going onto ice. Go onto ice on any of the waters except such areas designated
as skating areas and posted as such.
(7) Disorderly conduct and disturbing the peace. Cause inconvenience, annoyance,
or alarm to another by doing any of the following:
a. Engaging in fighting, in threatening harm to persons or property or in
violent or turbulent behavior;
b. Making unreasonable noise or offensively coarse utterance, gesture or
display, or communicating unwarranted and grossly abusive language to any person;
C. Insulting, taunting, or challenging another under circumstances in which
such conduct is likely to provoke a violent response;
d. Hindering or preventing the movement of persons on a public street, road
or right -of -way, or to, from, within or upon public property, so as to interfere with the
rights of others and by any act which serves no lawful and reasonable purpose of the
offender.
e. Creating a condition which is physically offensive to persons or which
presents a risk of physical harm to persons or property, by any act which serves no
lawful or reasonable purpose of the offender.
(8) Exhibit permits. Fail to produce and exhibit any permits from the Director upon
request of any police officer or park attendant who shall request to inspect the same.
(9) Interference with permittees. Disturb or interfere unreasonably with any person or
party occupying any area, or participating in any activity, permitted by a permit.
2. That this ordinance shall be in full force and effect from and after its
adoption.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
December 10, 2013 593
4. Ordinance repealing Section 18 -64 and Section 22 -71 of the
Roanoke County Code and adopting new Section 18 -64
"Connections to public or private sewers" and Section 22 -71
"Connection required" (Paul Mahoney, County Attorney)
Mr. Mahoney explained the ordinance.
Chairman Altizer opened and closed the public hearing. There were no
citizens to speak on this item. There was no discussion.
ORDINANCE 121013 -16 REPEALING SECTION 18 -64 AND
SECTION 22 -71 OF THE ROANOKE COUNTY CODE AND
ADOPTING NEW SECTION 18 -64 "CONNECTIONS TO PUBLIC
OR PRIVATE SEWERS" AND SECTION 22 -71 "CONNECTION
REQUIRED"
WHEREAS, the Board of Supervisors of Roanoke County has required
mandatory connections to public water and sewer systems for over forty (40) years in
order to protect the public health, safety and welfare of all of its citizens; and
WHEREAS, the Board agreed to continue to enforce its mandatory connection
ordinances when the County conveyed its public water and sewer systems to the
Western Virginia Water Authority (WVWA) in 2004; and
WHEREAS, the Board finds that revisions to the mandatory connection
ordinances will clarify these requirements while continuing its commitments to the
WVWA and the City of Roanoke; and
WHEREAS, the first reading of this ordinance was held on November 12, 2013
and the second reading and public hearing was held on December 10, 2013.
BE IT ORDIANED BY THE Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That Section 18 -64 "Connections to public or private sewers; compliance
with article; inspection of septic tank systems; when permits under article become null
and void." of the Roanoke County Code is hereby repealed:
it shall be unlawful for any SeptiG tank system to be installed or repaired On the Geunt�,
eXGept upon a permit as required On this artiGle. if a publiG or private sewe i s �
three hundred (300) feet of the buildings for whiGh the Sept tank is to be installed or
re s r und 251 37 of the Code of
rep
a,r� or a � -, equ+r °�- b�,e- Ee�cg- r�se reso l ut i on a er cr�. .�vr
V the owner sha be to GenneGt to the p blip or private sewer i��c
owner of the latter and the elevation permits SUGh GenneGt No Sept tank systern
shall be installed or repaired On this GGunty eXGept upon SUGh permit as required On this
art All materials used shall Str GGMPIY with all of the SpeG required by
this art No Sept tank system or any part thereof shall be GOVered unto! it has been
0 nspeGte d and approved as GO m Mp l y i ng w he approvedrs of the hea
department. The health department shall not approve the installation of a Sept tan!
594 December 10, 2013
system unless so installed, nor permit it to be GOVered up unless i t GGMP with thee
plans and SpeG as set forth On this art All permits autematiGally beGeme null
and void sox (6) months after date of issue unless they are renewed On writing by the
health department
2. That Section 22 -71 "Connection Required" of the Roanoke County Code is
hereby repealed:
EXGept as provided below, all GGGUp buildings IGGated within the GGunty on lots
having less than forty thousand (40,000) square feet, less than one hundred fifty feet
read frontage where the MANA owned water system is at the lot line, or within a street
or easement adjoining SUGh lot line, or as required by the GenGUrring reseluti ... ...
15.2 5137 of the Code of Virginia sha be GennneGted with SU s tem. The Ge1 --ti- I
fee be in aGGerrdaanGe with the GUrrent SGhedule —Of Gharges for i n i t i a l
GenneGtiens. The owner or tenants GGGUpying SUGh buildings shall use the GGunt�,
owned system for water Gensumed or used On and about the V -1 I 11 _ wl q w r�_
buildings are IGGated. The provisions of this SeGt shall I . . 1 , to GGGUpied building-s
IGGated on lots utilizing a water supply on existenGe at the tome this Ghapter is adopted.
Should the owner of the water system desire to replaGe SUGh water supply or should he
desire to make repairs eXGeed twenty five (25) PerGent of the replaGement GeSt Of the
ent syst si Gh owner shall nonfarm to the requirements of this nhantor
3. That Section 18 -64 "Connections to public or private sewers" is hereby adopted:
Sec. 18 -64 - Connections to public or private sewers
(a) It shall be unlawful for any septic tank system to be installed or repaired in the
county except upon a permit as required in this article.
(b) All occupied buildings located within the county on lots where the WVWA owned
sewer system is at the lot line, or within a street or easement adjoining such lot line, or
as required by the concurring resolution under § 15.2 -5137 of the Code of Virginia, shall
be required to connect to the public or private sewer, if elevation permits such
connection. No septic tank system shall be installed or repaired in this county except
upon such permit as required in this article. All materials used shall strictly comply with
all of the specifications required by this article. No septic tank system or any part thereof
shall be covered until it has been inspected and approved as complying with the
approved plans of the health department. The health department shall not approve the
installation of a septic tank system unless so installed, nor permit it to be covered up
unless it complies with the plans and specifications as set forth in this article. All permits
automatically become null and void eighteen (18) months after date of issue unless they
are renewed in writing by the health department.
(c) Buildings constructed and occupied prior to the date of the adoption of this
ordinance (December 10, 2013) shall be exempted from the requirement to connect to
such system.
(d) Buildings constructed on a lot created as a "family exempt subdivision" under
Sec. 29 -4.4 of the County Code shall be exempt from the requirements to connect to
such system.
December 10, 2013 595
4. That Section 22 -71 "Connection Required" is hereby adopted ":
Sec. 22 -71 Connection Required
(a) All buildings located within the county where the WVWA owned water system is
at the lot line, or within the street or easement adjoining such lot line, or as required by
the concurring resolution under § 15.2 -5137 of the Code of Virginia, shall be connected
with such system.
(b) The connection fee shall be in accordance with the current schedule of charges
for initial water connections. The owner or tenants occupying such buildings shall use
the WVWA owned system for water consumed or used in and about the premises on
which such buildings are located.
(c) Buildings constructed and occupied prior to the date of the adoption of this
ordinance (December 10, 2013) shall be exempted from the requirement to connect to
such system.
(d) Buildings constructed on a lot created as a "family exempt subdivision" under
Sec. 29 -4.4 of the County Code shall be exempt from the requirements to connect to
such system
5. That the provisions of this ordinance shall become effective from and after the
date of its adoption.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following roll call and recorded vote:
AYES: Supervisors Moore, Flora, Church, Elswick, Altizer
NAYS: None
5. Ordinance approving a lease between Roanoke County and the
Western Virginia Water Authority for the location of a water tank
(Richard L. Caywood, Assistant County Administrator)
Mr. Caywood outlined the ordinance and provided the Board with a
PowerPoint presentation.
Chairman Altizer opened and closed the public hearing. There were no
citizens to speak on this item.
Supervisor Church commented that the next Board will have the final say
so in the design. County Administrator can decide the appearance. There was no
further discussion.
ORDINANCE 121013 -17 APPROVING A LEASE BETWEEN
ROANOKE COUNTY AND THE WESTERN VIRGINIA WATER
AUTHORITY FOR THE LOCATION OF A WATER TANK
596 December 10, 2013
WHEREAS, the Roanoke County owns certain property located in the County of
Roanoke, Virginia, designated as Tax Map No. 026.18 -01- 15.00 -0000 ( "Premises ")
which it uses for the operation of multi - purpose recreational facility; and
WHEREAS, the Western Virginia Water Authority (WVWA) needs a location for
the installation of a water tank to provide potable water to North County; and
WHEREAS, WVWA desires to lease a portion of Tax Map No. 026.18-01-15.00 -
0000 from the County to construct a water tank for WVWA's use; and
WHEREAS, the County desires to lease such property to WVWA, and WVWA
desires to lease the same, upon the terms and conditions set forth in this Ground
Lease; and
WHEREAS, the Board has determined that the construction and operation of a
water tank at this location will facilitate the efficient operation and supply of potable
water to North County; and
WHEREAS, the Board declares a portion of this property to be surplus and is
available for other public uses, namely for the construction of a water tank owned by
WVWA, as provided in Section 16.01 of the Roanoke County Charter; and
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the lease
of real estate interests be accomplished by ordinance, and that the first reading of this
ordinance was held on November 12, 2013, and that the second reading and public
hearing on this ordinance were held on December 10, 2013.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows
1. That the Western Virginia Water Authority has requested that the County
enter into a lease of approximately 10,000 square feet of space for the location of a
water tank to provide potable water to North Roanoke County.
2. That County staff has negotiated a lease for a term of forty (40) years
commencing on January 1, 2014, and ending on December 31, 2054, at a rent of One
Dollar ($1.00) per year for the location of the water tank on property owned by Roanoke
County designated as Tax Map #026.18 -01- 15.00 -0000 and used for the operation of a
multi - purpose recreational facility.
3. That the lease of approximately 10,000 square feet of space to the
Western Virginia Water Authority for the location of a water tank located on a County -
owned parcel identified as Tax Map #026.18 -01- 15.00 -0000 is hereby authorized and
approved.
4. That the County Administrator, or any Assistant County Administrators,
either of whom may act, are authorized to execute, deliver and record the Ground
Lease Agreement, and any other documents on behalf of the County and to take all
such further action as any of them may deem necessary or desirable in connection with
this project. The form of the Ground Lease Agreement presented to the Board is
hereby approved with such completions, omissions, insertions and changes as the
County Administrator may approve, whose approval shall be evidenced conclusively by
December 10, 2013 597
the execution and delivery thereof, all of which shall be approved as to form by the
County Attorney.
5. That this ordinance shall be effective from and after the date of its
adoption.
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
NAYS: None
ABSTAIN: Supervisor Altizer
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Mr. Altizer moved to approve the appointments for the Western Virginia
Regional Jail that were discussed in closed session for a one -year term of B. Clayton
Goodman as the alternate administrative official, the one -year term of Rebecca Owens
as the administrative official, the one year term of Charlotte Moore as the elected official
and the one -year term of Joseph B. "Butch" Church as the alternate elected official and
the one -year term of Sheriff Mike Winston as the Sheriff's appointment and the one -year
term of Major Charles Poff, Chief Deputy as the alternate sheriff. The motion carried by
the following roll call and recorded vote.
AYES: Supervisors Moore, Flora, Church, Elswick, Flora
NAYS: None
Fill PAIG BIN E:3
Supervisor Moore stated she would like to remind everyone to go to the
SavATon website and see how you can save money over the holiday and would like to
thank everyone on the Roanoke County staff for their service this past year; they have
done a great job. You have been asked to work harder with less help. Thank you. She
then hoped everyone has a very wonderful and safe holiday.
Supervisor Flora stated congratulations to Northside High School, they
took a long bus ride this past weekend, but coming back it was a much shorter ride than
it was going up after they had a fabulous victory. Finally, he stated he cannot let his last
opportunity pass without doing some reflection on not just the last twelve years that he
has served on the Board but he served back in the 1970's too. The changes between
the 70's and today are huge. When he was on the Board before we operated out of the
basement of the old Courthouse. We probably had a half a dozen offices down there
and staff and we met in the Courtroom, except he has to say when they did the budget.
We had to meet at the Salem Civic Center because there were so many people that
598 December 10, 2013
came out to the budget hearings then that we could not get them all in the courtroom.
Frankly, we had a little trouble getting all the people into the Salem Civic Center. The
times have really changed. Government has gotten bigger and the participation from
the public has gotten much smaller. Back then, times were a lot simpler in a lot of
respects. The changes though, now we are in this building with a lot more employees
and a lot more space, but we were about seventy thousand or between sixty five and
seventy thousand back then and now we are pushing about one hundred thousand
people in the County. That is just a small part of really why the County has had to grow.
When you look back and the changes that have taken place and the mandates that
have come from Richmond since the 1970's. It started when he was on the Board when
they had to adopt regulations that prevented people from actually doing work in
streams. So, we adopted the first ordinance, he guesses it was probably about 1974 or
1973 that prohibited people from actually going into streams and doing excavation work
and he thinks the first violation was his next door neighbor who lived across the creek
from him. He was down there with a bulldozer working in the creek and he had to call
the County Engineer. We did go to the County Administrator form of government when
he was on the Board in the 1970's, which was a real interesting event because the
Clerk to the Circuit Court was the Clerk to the Board in that old form of government; in
that old traditional form of government. When we went to the County Administrator form
of government, the Clerk to the Board became the County Administrator. So the Clerk
to the Circuit Court was not sitting as the Clerk and she was always referred to as the
sixth Board member. What she did when she got mad, she set all of our books out in
the hall and the Circuit Court Judge ordered her to put them back in the vault. That was
back when times were pretty simple. Today, things are much more complicated and far
more reaching in terms of how it affects the people. We have a lot of ordinances on the
books and this is something that the new Board members are going to come in. There
are a lot of things that he would love not to have to do, but when you start looking
around at how much wiggle room we have, you find out that either it is constitutionally
mandated or statutorily mandated and it leaves so little for us to be able to do anything
with. But the biggest change that has occurred in the past forty (40) years is the way
people treat each other. Back then, you disagreed but you respected other people.
Today, it is just not like that anymore. It is an in your face kind of attitude. People just
do not care how they treat other people and if you look at this afternoon's session, we
talked about things going on in this building that were scary. We are just living in a
different time and that does not happen overnight. He thinks it is a sign of what society
is going through. We are slowly becoming very aggressive people toward each other.
Bullying, it used to not be an issue when he was in school, now bullying is a huge issue
in school. It is not only in schools, but in social media. He stated he thinks somewhere
along the way; we have lost our moral compass. We just do not treat people with the
respect that we one time did. He stated he sees it sitting up here and he sees it in his
other work place. It has just gone down the wrong road. He does not have the answer,
he wishes he did, but at some point we are going to have to get back on track. We try
December 10, 2013 599
to act up here with at least some decorum, but even among ourselves up here he sees
the aggressiveness and he sees people lashing out. It is just not the way you are
supposed to act. There is an old saying and he said it once earlier, "what goes around,
comes around." If you treat people nice you will get treated nice. If you treat them
lousy, you are going to eventually get being treated pretty lousy yourself. When the
issue came up about a Code of Conduct, he thinks that it is really absolutely needed
because we really do almost need to have some directions and instructions on how to
treat people. Having said that, he has enjoyed the past twelve (12) years. It has been
interesting; it has been a roller- coaster ride in many respects, but he thinks and he and
Mr. Altizer have been joking for the past six (6) months we have been counting down
the meetings, he is going to miss not being on the Board, but not sitting up here, he will
not miss that one little bit, but he will miss the interaction with the staff because we have
some wonderful people. Many of the people that work for Roanoke County were friends
of his long before he was ever elected to the Board and they will be friends long after he
is gone from the Board. He has pretty much constant contact with a number of people
in the County; some he is going to keep an eye on things and see how they go. He just
wanted to make sure that everyone gets treated the way they should be treated here.
Thank you, he has enjoyed it, it has been interesting and wishes the new Board to be as
successful as they have been and he wishes them all the best in the world. He is so
vested in Roanoke County, he was born and raised here, own property here and
probably the rest of his life. So it is so near and dear. He went to school here, raised
his children in the same house that he still lives in. He guesses the only downside is his
grave spaces are in Roanoke City, so he guesses as some point he will have to leave
the County. Have a very Merry Christmas and a wonderful next year.
Supervisor Church stated he has been on the sidelines and is sick
because of Northside. Every game this year, he is so proud of them. To be a little bit
short, we have ceded number three (3) in the region, we have one (1) loss all year with
thirteen (13) wins, the loss was in overtime. We knocked off the higher cede and thinks
the moons kind of aligned up because they have been able to play three home games;
in the driving rain and the brutal cold. We beat a good Magna Vista team, we beat a
real good Monticello team and then this past Friday we traveled to Northern Virginia,
Loudoun Valley and low and behold you would think after the entire season we would
not end up playing another team that their nickname is the Vikings and their colors are
green, gold and white, the same as Northside. So when we pulled in we thought what is
going on here, but he had checked on the internet to know they had these
characteristics. We had a sloppy field, unbelievable for a State semifinal game, but the
similarities with the colors stopped right there. He is proud to say that Northside fans
outnumbered the home team, two to one ( 2 to 1). We do have a traveling group of
people at Northside. Frank Dent, the principal there has just established a whole new
era at Northside. The community, sports wise and academic -wise and Burt Torrence,
who has a great staff of coaches let him come down on the field every game and sit on
the sidelines as long as he behaves himself and stays back. So, with that being said,
600 December 10, 2013
when we pulled in there is a huge Viking mascot, inflatable tunnel, it is so big that it is
taller than the goal posts and wider than the goal posts. You could not help but notice
the Loudoun Valley team stop warming up with the inflatable Viking started to stand up
about thirty (30) feet high. They just could not believe that we are coming out of Virginia
and then when our team came on the field, they were just looking. So, he does not
know what that meant, but right off the bat, we jumped on them and won the game 29 to
14, with them scoring their last touchdown within 30 seconds in the game. So, if the
good Lord smiles again, we are going to win the State championship at Liberty
University this coming Saturday and we are playing a team that is a two -time defending
State champion. So it is not going to be an easy task. So wish the Northside Vikings
and all their fans and all their community just a lot of good luck, they deserve to win this,
but win or lose, they have had a tremendous season. The children that played and their
parents have been there for support in admirable respect and everywhere we go, we
get good comments for our fan conduct and the way we support our school. Merry
Christmas to everyone; and he think when we stop saying Merry Christmas then we
have lost everything. Holiday themes are nice, but Merry Christmas is more
appropriate.
Supervisor Elswick stated he has been honored to represent Windsor Hills
for the last four years and met some great people. The citizens throughout the County,
but the ones he got closest to were in Windsor Hills and are really great people. Due to
a flooding situation, he is now good friends with a ton of people on Grandin Road Ext.
and other streets in the Oak Grove area that he has responded to. He appreciates
them for allowing him to be their representative the last four years; sometimes it was
rewarding and sometimes it was frustrating. He stated he has been happy to have been
able to help people when they had issues they could not handle themselves and that
was the best part of the job; meeting new people, making friends with them and actually
being able to make a difference in their lives. Merry Christmas to all of you and he will
see you around.
Chairman Altizer stated it has been a long time; it has been a short time.
like Mr. Flora sitting behind this dais right here he is not going to miss one iota. It is
bittersweet and thinks we all come onto this Board hoping they will leave Roanoke
County better than they found it and think time, citizens and all will judge us by that.
There are good times, there are bad times and we try to do the best we can. He is glad
to say now that he can plan his schedule around his wife's rather than her to plan her
schedule around his, which she has done for the last eleven (11) years. You know, it is
new day and a new time for a new Board and we talked about some stuff earlier this
afternoon, things Mr. Flora touched on. Things are changing. There are a lot of
problems in this world and we have to make sure we do the right things to limit and
prevent. Civility has to be the order of the day, dealing with people in how we do things
and what we expect and what we demand of people, our employees, anyone our
employees come into contact with. There is like there is a disconnect, between many
people and what the expectations are versus what they should be and what some
December 10, 2013 601
people perceive them to be and to get anything accomplished, that is the way the world
has to turn, that is the way we have to turn. We have great employees here in Roanoke
County and what is going to be missed is the friendships that have been developed,
working relationships and being able to see how people really respond in the right way
by being the right way. Roanoke County is in good hands with the employees that we
have; could put you up against anyone, today, tomorrow, next year or any day of the
year. They have been asked to do more for less and you need to have the respect of
that and he respects you and you have done a great job and you have been one of the
primary reasons why Roanoke County is what it is today. He thanked each and
everyone for the things they have done. Again, he apologized to Mr. Mahoney earlier
for putting a lot of stuff on him and staff, the things they have accomplished this year.
Roanoke County has had a good year. Mr. Goodman, he has put a lot on him, he ran
him ragged. He did at times have to remember to back off a little bit and lessen the
load. Roanoke County has good employees and good people and absolutely do not let
anyone tell you that you are not. God bless everybody; God bless Roanoke County;
thank you to the citizens of Vinton that allowed me to serve you. Merry Christmas.
IN RE: ADJOURNMENT
Chairman Altizer adjourned the meeting at 8:21 p.m.
Approved by
Ose)k P. McNamara
irman