1/13/2004 - Regular
January 13, 2004
13
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
January 13, 2004
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of January, 2004.
IN RE: CALL TO ORDER
Chairman Flora called the meeting to order at 3:02 p.m. The roll call was
taken.
MEMBERS PRESENT:
Chairman Richard C. Flora, Vice-Chairman Michael W.
Altizer, Supervisors Joseph B. “Butch” Church, Joseph P.
McNamara, Michael A. Wray
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge,County Administrator;Paul M. Mahoney,
County Attorney; Diane S. Childers, Clerk to the Board; John
M. Chambliss, Assistant County Administrator; Dan
O’Donnell, Assistant County Administrator; Teresa Hamilton
Hall, Public Information Officer
IN RE: OPENING CEREMONIES
The invocation was given by Pastor Bob Alderman, Shenandoah Baptist
Church, Roanoke, Virginia. The Pledge of Allegiance was recited by all present.
IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
January 13, 2004
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Mr. Mahoney added a closed session pursuant to the Code of Virginia
Section 2.2-3711 A (30) discussion of the award of a public contract involving the
expenditure of public funds and discussion of the terms or scope of such contract for the
public safety center where discussion in open session would adversely affect the
bargaining position or negotiating strategy of the County.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Joseph McNamara for his service as Chairman of the Roanoke
County Board of Supervisors in 2003
R-011304-1
Chairman Flora presented the resolution and a pen and pencil set to
Supervisor McNamara.
Supervisor Flora moved to adopt the resolution. The motion carried by the
following recorded vote:
AYES: Supervisors Church, Wray, Altizer, Flora
NAYS: None
PRESENT: Supervisor McNamara
RESOLUTION 011304-1 OF APPRECIATION TO JOSEPH P.
MCNAMARA FOR HIS SERVICE AS CHAIRMAN OF THE BOARD OF
SUPERVISORS IN 2003
WHEREAS, Joseph P. McNamara served as Chairman of the Roanoke County
Board of Supervisors during 2003; and
WHEREAS, during Mr. McNamara’s term as Chairman, the County achieved a
variety of accomplishments, including:
Manufacturing and commercial developments resulting in several new
?
businesses moving into Roanoke County;
January 13, 2004
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Existing business expansions in Roanoke County resulting in an estimated
?
investment of over $27 million dollars;
Phase 2 school capital improvements totaling $22 million dollars;
?
Roanoke County Schools named Gold Medal School District Winner by
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Expansion Management Magazine and selected as one of the Best 100
Communities for Music Education for the second consecutive year;
Energy Star Label designation at the Roanoke County School Administration
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Building and Oak Grove Elementary School;
Virginia Environmental Stewardship Award for the Roanoke Valley Greenways
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Program;
E-2 Award from the Department of Environmental Quality;
?
Progress on a new Public Safety Center utilizing the Public Private Educational
?
Facilities and Infrastructure Act (PPEA) process;
Adoption of a revised Emergency Operations Plan to comply with new
?
regulations established by the Department of Homeland Security;
Expansion of career firefighter coverage in Hollins, Catawba, and Masons Cove;
?
Virginia Association of Counties Fire & Rescue Achievement Award honoring
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excellence based on innovation;
National accreditation of the Sheriff’s Office and re-accreditation of the Police
?
Department;
Expansion of bulk and brush collection services; and
?
Wireless technology upgrade for the Roanoke County Public Library System.
?
WHEREAS, Chairman McNamara worked diligently during his term to represent
the citizens of Roanoke County by promoting regional projects and initiatives to benefit
all the residents of the Roanoke Valley and oversaw the creation of the Western Virginia
Water Authority.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia does hereby extend its deepest appreciation to Joseph P.
McNamara for his service as Chairman during 2003 and for his belief in democracy and
championing of citizen participation in local government.
On motion of Supervisor Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Church, Wray, Altizer, Flora
NAYS: None
PRESENT: Supervisor McNamara
2. Certificate of recognition to the following members of the
Roanoke County Planning Commission:
(a) Donald R. Witt for nineteen years of service
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Chairman Flora presented the certificate of recognition to Mr. Witt. Also
present were Arnold Covey, Director of Community Development, and Janet Scheid,
Chief Planner.
(b) William Todd Ross for ten years of service
Chairman Flora presented the certificate of recognition to Mr. Ross. Also
present were Arnold Covey, Director of Community Development, and Janet Scheid,
Chief Planner.
3. Certificate of recognition to the following members of the Board
of Equalization:
(a) Galen W. Conner for sixteen years of service
Billy Driver, Director of Real Estate Valuation, accepted the certificate of
recognition on behalf of Mr. Conner.
(b) Betty (B. J.) Brewer for twelve years of service
Chairman Flora presented the certificate of recognition to Ms. Brewer.
Also present was Billy Driver, Director of Real Estate Valuation.
(c) Wanda Manuel for five years of service
Chairman Flora presented the certificate of recognition to Ms. Manuel.
Also present was Billy Driver, Director of Real Estate Valuation.
January 13, 2004
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IN RE: BRIEFINGS
1. Annual briefing by the Board of Directors of Blue Ridge
Behavioral Healthcare. (Rita Gliniecki, Chair; Jim Sikkema,
Executive Director)
Ms. Gliniecki advised that in fiscal year 2003, Blue Ridge Behavioral
Healthcare staff delivered 120,616 units of service to 3,163 County residents. The cost
to provide those services was $3,279,554 and the County’s local tax contribution was
$117,755. This indicates that Roanoke County residents received $27.85 worth of
services for each tax dollar allocated to their Community Services Board.
Ms. Gliniecki outlined the following examples of services provided by Blue
Ridge Behavioral Healthcare: (1) Prevention Services: provided a variety of resiliency
building student support groups at four County elementary schools; two staff members
provided clinical or case management services to Spanish-speaking County residents;
Project LINK served ten women with a substance abuse disorder and provided case
management to five of these women’s children; (2) Child and Family Services: the
middle school day treatment program continues to be administered in conjunction with
Roanoke County Schools and the Roanoke County Community Policy and Management
Team; certified trainers provided a two-day applied suicide intervention skills training
program for Roanoke County schools guidance counselors; (3) Community Support
Services: case managers worked with 134 County consumers with mental retardation
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and 233 individuals with a serious mental illness, providing approximately 8,500 hours
of service through adult resource management components.
Ms. Gliniecki stated that the demand for services continues to increase
while funding continues to decrease. She indicated that the 2005 request for funding
will reflect the ongoing fiscal needs being faced by the agency.
IN RE: NEW BUSINESS
1. Request to adopt resolution accepting the employees of the
Roanoke County Treasurer and Commonwealth Attorney’s offices
into the pay and classification plan and the personnel system of
the County of Roanoke County. (Paul Mahoney, County Attorney)
R-011304-2
Mr. Mahoney reported that the Roanoke County Charter provides for a
personnel system including a classification plan for service, a staff development plan, a
uniform pay plan, and a procedure for resolving grievances. Employees of
constitutional officers may participate in the personnel system at the discretion of the
Board and upon concurrence of the constitutional officer. Mr. Mahoney advised that the
election of a new constitutional officer revokes the former constitutional officer’s
decision to participate in the County personnel system, and accordingly a decision by
the new constitutional officer to participate in the County personnel system is
necessary.
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Since 1980, the Board of Supervisors has adopted a series of resolutions
accepting the employees of the constitutional officers into the County system. Mr.
Mahoney advised that Randy Leach, Commonwealth’s Attorney, and Kevin Hutchins,
Treasurer, have both indicated their willingness for their offices to participate in the
County’s personnel system. The proposed resolution would accept the employees of
these offices into the personnel system and provide for an exemption for the elected
official and the chief deputy, which is deemed to be a confidential, policy-making
position.
Mr. Hutchins was present at the meeting and the Board members
welcomed him to Roanoke County.
Supervisor Wray moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION R-011304-2 ACCEPTING THE EMPLOYEES OF THE
ROANOKE COUNTY TREASURER AND ROANOKE COUNTY
COMMONWEALTH’S ATTORNEY INTO THE PAY AND
CLASSIFICATION PLAN AND THE PERSONNEL SYSTEM OF THE
COUNTY OF ROANOKE
BE IT RESOLVED by the Board of Supervisors of Roanoke County,
Virginia, as follows:
1. That the employees of the Roanoke County Treasurer and the employees
of the Roanoke County Commonwealth’s Attorney, said constitutional officers having
heretofore agreed in writing that their employees be accepted into the pay and
classification plan and the personnel system of the County of Roanoke, as authorized in
Chapter 6 of the Charter of the County of Roanoke, be and such employees hereby are
January 13, 2004
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accepted into the pay and classification plan and the personnel system of the County of
Roanoke; and
2. That all of the terms, provisions, and conditions of the pay and
classification plan and the personnel system of the County of Roanoke as fully set forth
in the Roanoke County Employee Handbook shall from and after the adoption hereof be
applicable to each of the employees of the aforesaid offices; and
3. That the elected officer of the constitutional office shall be exempt from the
terms, provisions, and conditions of the County personnel system. The Chief Deputy in
each said office shall be exempt from the terms, provisions, and conditions of the
County personnel system relating the application, qualification, appointment,
disciplining, dismissal, and grievance procedure provisions of the Roanoke County
Employee Handbook. The Chief Deputy of each said officer is deemed to be a
confidential, policymaking position. These positions shall remain subject to the express
provisions of Section 15.2-1603 of the State Code; and
4. The participation of the employees of these constitutional offices in the
County personnel system shall continue until revoked by the constitutional officer, either
by written notice to the Chairman of the Board of Supervisors, or by the election,
qualification, and assumption of office by a new individual; and
5. The effective date of this resolution shall be January 13, 2004.
6. That an attested copy of this resolution be forthwith transmitted to the
Roanoke County Treasurer and the Roanoke County Commonwealth’s Attorney.
On motion of Supervisor Wray to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
2. Appointments of Board Members to Committees, Commissions
and Boards for 2004. (Diane S. Childers, Clerk to the Board)
A-011304-3
Following discussion, the Board members made the following changes in
the committee appointments: (1) Supervisor Wray will serve on the following
committees: Roanoke Valley Alleghany Regional Commission, Roanoke Valley
Alleghany Regional Commission Metropolitan Planning Organization – Alternate, Social
Services Advisory Board; (2) Supervisor Altizer will add the following committees to his
January 13, 2004
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current list of committee appointments: Audit Committee and the Roanoke Valley
Alleghany Regional Commission Water Supply Policy Committee.
Supervisor Flora moved to approve staff recommendation, approve the
committee appointments for 2004, with the changes outlined above. The motion carried
by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1. First reading of an ordinance to approve revisions to the Solid
Waste Ordinance. (Anne Marie Green, Director of General
Services)
Ms. Green stated that the solid waste ordinance was last revised in 1994
and since that time, various issues have arisen which have been addressed in the
proposed changes to the ordinance. She outlined the following major changes: (1)
Size of brush: size has been increased from 3” in diameter to 6”; (2) Amount of bulk:
increased the amount from six items to a pickup truck load; (3) Timing of placing items
at the curb: currently bulk and brush must be placed at the curb no earlier than the
evening before the scheduled collection day. The proposed revision allows items to be
placed at the curb the Saturday before pickup. In addition, cans are now required to be
removed from the curb no later than 7:00 a.m. the day following collection in areas
zoned R-1, R-2, and R-3. (4) Private roads: a provision has been added requiring
January 13, 2004
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approval by the Director of General Services before trash will be collected on private
roads to ensure safety for County vehicles and personnel, as well as the safety of
County residents. (5) Charges for service: the charges for premium and non-County
resident service have been increased. Ms. Green advised that elderly and disabled
citizens receive premium service free of charge. (6) Dumpster service: the new
ordinance will allow Roanoke County to begin providing dumpster service, which was
not allowed under the existing ordinance. This service will be provided at Roanoke
County and Roanoke County schools facilities, condominiums and townhouses.
Currently, Roanoke County is reimbursing condominiums and townhouses for the cost
of private dumpster services since they are considered single family residences. This
will ultimately provide a cost savings to the County, and funding to implement the
service will be requested during the budget process. Ms. Green indicated that this
service should be self-supporting within 1½ years. (7) Types of waste: specific types of
waste which will not be collected have been included, as well as rules concerning
disposal of substances such as needles, latex paint, pet waste, etc. (8) Additional
containers: currently businesses which need three or less cans receive County trash
collection services. The new ordinance will still allow three cans: one will be free of
charge and businesses may purchase up to two additional cans. Households currently
receive one free can and may purchase one additional can. If there are five or more
people in the household, the additional can is provided free of charge. The new
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ordinance changes the threshold to six residents per household. (9) Penalties:
residents not complying with the ordinance can be denied access to solid waste service.
In response to an inquiry from Supervisor Altizer, Ms. Green responded
that most of the complaints regarding residents not removing their cans from the street
are in subdivisions. Supervisor Altizer questioned how staff would handle subdivisions
where AV zoning adjoins R-1 zoning. Ms. Green stated that staff had considered
incorporating AV zoning as part of the ordinance and that this change could be made.
Supervisor Altizer recommended that AV zoning be added to the list of areas required to
remove their cans from the street by 7:00 a.m. the day following collection.
Supervisor Altizer questioned whether the families who currently have five
family members will be allowed to keep their additional can free of charge. Ms. Green
advised that these individuals and businesses would be grandfathered in the new
ordinance.
Supervisor Altizer indicated that he had reservations about adopting the
ordinance, which authorizes staff to proceed with the implementation of dumpster
service, without seeing a cost analysis. He questioned if this is something that should
be evaluated during the budget process. Ms. Green stated that implementation of the
dumpster service will not require hiring additional staff because General Services is
converting to a 10 hour per day, four day per week work schedule. This will leave
Friday available for vehicle maintenance and dumpster collection services. Ms. Green
stated that this provision was included in the ordinance so that if the decision was made
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to proceed with dumpster service during the budget process, the Board would not have
to amend the ordinance to allow for dumpster collections. She advised that General
Services does not have sufficient funding to implement dumpster service without
approval of funding in the budget process, and the school system will also have to
include this in their budget process.
Supervisor Altizer requested that a cost analysis be provided prior to the
second reading of this ordinance.
Supervisor Church amended the motion to approve the first reading with
the following change: AV (Agricultural Village) zoning is to be included in the list of
areas required to have cans removed from the curb by 7 a.m. the day following
collection.
Supervisor McNamara suggested that prior to the second reading, the
ordinance be amended to add “subject to approval of funding” with respect to the
implementation of dumpster service. This will not commit the Board to proceeding with
this service, but will also not necessitate amending the ordinance in the future if the
County decides to proceed with this service.
Supervisor Wray questioned if a plan was in place to implement recycling
in Roanoke County. Ms. Green stated that a CIP request has been submitted for
recycling trailers to be placed at public facilities. In addition, a pilot program has been
implemented at the Administration Center for recycling.
January 13, 2004
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The amended motion of Supervisor Church to approve the first reading
with AV (Agricultural Village) zoning included in the list of areas required to have cans
removed from the curb by 7 a.m. the day following collection and set the second reading
for January 27, 2004, carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
2. First reading of an ordinance to vacate, quit-claim and release a
portion of a 20’ access easement and to accept in exchange a
relocated new portion of a 20’ access easement across Lots 1 and
2, Section No. 5, “The Groves”, owned by Boone, Boone & Loeb,
Inc., to The Groves sewer lift station, Cave Spring Magisterial
District. (Gary Robertson, Utility Director)
Mr. Robertson advised that this ordinance will allow a portion of an access
road to a County pumping station to be relocated. The access road was constructed
before The Groves subdivision was built and when Section 5 was platted, it was
determined that the access road cuts across Lot 2 and makes it difficult to construct a
home on the lot. Boone, Boone and Loeb has requested permission to relocate the
access road and will incur all costs associated with the vacation and relocation of the
existing access drive.
There was no discussion on this matter.
January 13, 2004
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Supervisor Wray moved to approve the first reading and set the second
reading for January 27, 2004. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
3. First reading of an ordinance to repeal in its entirety Chapter 8 of
the Roanoke County Code entitled “Erosion and Sediment
Control” and adopt Chapter 8.1 “Erosion and Sediment Control”.
(Arnold Covey, Director of Community Development)
Mr. Covey thanked the following Community Development staff members
for their assistance with this ordinance: Denise Sowder, Mark Bowles, Will Simpson,
Joel Baker, and Vickie Huffman, County Attorney’s Office. He also recognized Peter
Fields, Ron Booth and Sean Horner of the Roanoke Valley Regional Homebuilders
Association.
Mr. Covey advised that the heavy rains and the number of drainage
complaints received last year raised concerns about additional development standards.
With the continued development on steep slopes, marginal soils and lots, staff offered
short-term and long-term actions. One of the short-term actions identified was
amending the Roanoke County erosion and sediment control ordinance to reduce the
disturbed area exemption. The reduction in the disturbed area exemption will require
the development community to submit additional information to the County, thus
January 13, 2004
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allowing staff the opportunity to review the information and ensure that proper
development practices are used during construction.
Mr. Covey stated that County staff and representatives from the Roanoke
Regional Homebuilders Association have worked together and support the proposed
changes to the ordinance. Administrative changes have been made to correct
department names and titles and to correspond with Virginia’s erosion and sediment
control law. He outlined the following summary of the revisions to the current erosion
and sediment control ordinance affecting daily operations: (1) Inspectors, plan
reviewers and program administratorsmusthold a certificate of competence from the
Virginia Soil and Water Conservation Board in their area of expertise. (2) A certified
inspector may be employed by developers on job sites to reduce the amount of erosion
and sediment control permit fees that need to be paid prior to plan approval. This is not
a state requirement but was added by Roanoke County as an additional enforcement
tool. (3) A responsible land disturber (RLD), which is an individual from the project or
development team, is required by the State of Virginia. The person will be in charge of
and responsible for carrying out a land-disturbing activity covered by an approved plan
or agreement in lieu of a plan. (4) Transfer of properties in a subdivision to another
owner will result in the new owner being responsible for obtaining a certified RLD and
submitting a plot plan for each lot to obtain an erosion and sediment control permit. (5)
If the grade of a site is more than 33.3%, a developer must refer to the Virginia Uniform
Statewide Building Code for grading and building requirements in steep slope areas.
January 13, 2004
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Mr. Covey indicated that square footage and cubic yard requirements are
as follows:
Square FeetCubic YardsFeesCapRequirement
<2,500<250$0.00None
2,500-5,000250-500$25.00In Lieu of Agreement
5,000-10,000500-750$50.00Responsible Land Disturber
>10,000>750$100 + $100/disturbed acre or portion $500.00Certified Inspector for project
>10,000>750$100 + $100/disturbed acre or portion No Certified Inspector for project
Mr. Covey stated that to handle the administrative review required for land
disturbing activities involving all single family structures, a 3-working day review
schedule will need to be implemented. He also reviewed the following fees that will be
charged to persons requesting to initiate land disturbing activities:
Square FeetCubic YardsRequirements
<2,5000Exempt from E & S Plan; *Building Permit Plot Plan required
2,500-5,000250-500"Agreement in Lieu" of a plan; permit fee; *Building Permit Plot Plan required
5,000-10,000500-750Certified RLD, *Building Permit Plot Plan by a certified RLD or a P.E.; permit fee
>10,000>750RLD, Erosion and Sediment Control Plan prepared by a P.E.; agreement; surety; and
a *Building Permit Plot Plan
Supervisor McNamara questioned whether the requirements such as
lowering the threshold for exemptions from 10,000 to 2,500 square feet was a state
requirement. Mr. Covey advised that many of these are County requirements; however
having a RLD is a state requirement.
Supervisor McNamara questioned how the requirements differ for an
individual wishing to build a home on a 0.25 acre lot under the new ordinance. Mr.
January 13, 2004
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Covey stated that the minimum requirement is 7,200 square feet for a residential lot.
Based on this requirement under the existing ordinance, the lot would have been
exempt from erosion and sediment control. Under the proposed ordinance, citizens
would have to either submit an “in lieu of” agreement or prepare an erosion and
sediment control plan outlining contours, drainage direction, etc. In response to an
inquiry from Supervisor McNamara, Mr. Covey stated that the estimated cost would be
as follows: (1) If an in lieu of agreement is used the developer can prepare the
necessary documents at his cost. They must still be a RLD and pay the appropriate
state fees. (2) If an “in lieu of” agreement is not used, the developer must contract for
the necessary erosion and sediment control plan which could cost approximately $500 -
$1,000 depending on the type of lot being developed.
Supervisor Wray questioned if the increase in the amount of time to issue
a permit from one to three days will have a significant impact. Mr. Covey responded
that notice of the new procedures has been sent to the builders and developers in the
area, and the Roanoke Valley Regional Homebuilders Association is sending out
notices as well. He stated that single family homes will now require the additional
inspections and may require field inspections in some cases such as flood plains. Basic
permits, such as to build a deck, can still be issued on the date requested.
Supervisor Altizer questioned if the proposed changes would have
alleviated some of the erosion problems that have been experienced in the County if
they had been in place earlier. Mr. Covey indicated that they would have.
January 13, 2004
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Supervisor Church moved to approve the first reading and set the second
reading for January 27, 2004. Supervisor Flora requested that staff schedule a work
session on January 27 if numerous citizen comments or questions are received. The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
4. First reading of an ordinance authorizing the quitclaim and
release of Roanoke County’s interest in a portion of the “old
Bushdale Road” pursuant to an agreement with Elga Draper and
Lura Draper, Vinton Magisterial District. (Paul M. Mahoney,
County Attorney)
Mr. Mahoney reported that in the early 1990’s, the Bushdale Road project
was initiated to address safety concerns and get the road up to state standards. One of
the property acquisitions in the project involved the Drapers and as part of the
agreement between the Drapers and Roanoke County, a provision was included where
the County agreed to re-convey to the Drapers or their heirs a portion of the old
Bushdale Road section that was no longer required for public road purposes. That
agreement and the ordinance included a provision that staff would come back to the
Board and seek authorization for the re-conveyance of the property to the Drapers or
their assignees following two readings and adoption of an ordinance. Mr. Mahoney
advised that the proposed ordinance is an authorization to quit-claim and release any
January 13, 2004
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interest that Roanoke County has in a portion of the old Bushdale Road. Since that
time, the Drapers have sold a portion of their property to Jeffrey A. and Stephanie R.
Dorsett. He indicated that Exhibit B illustrates the portion of old Bushdale Road that will
be conveyed to the Dorsett’s.
There was no discussion on this matter.
Supervisor Altizer moved to approve the first reading and set the second
reading for January 27, 2004. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: SECOND READING OF ORDINANCES
1. Second reading of an ordinance to vacate a 20’ waterline
easement dedicated by Subdivision Plat and Revised Subdivision
Plat of the Village at Tinker Creek, Section 1, Lots 26-33, recorded
in Plat Book 25, Page 171, and Plat Book 26, Page 11,
respectively, and further shown on the Subdivision Plat of the
Village at Tinker Creek, Section 1, Lots 107-113, recorded in Plat
Book 26, Page 83, across property owned by CBI Developers (Tax
Map Nos.27.20-1-29.1, 27.20-4-18 and 27.20-4-19), Hollins
Magisterial District. (Arnold Covey, Director of Community
Development)
O-011304-4
January 13, 2004
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Mr. Covey advised that there have been no changes in this matter since
the first reading. Supervisor Flora stated that he would abstain from discussion and
voting due to a conflict of interest.
There was no discussion on this matter.
Supervisor Altizer moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer
NAYS: None
ABSTAIN: Supervisor Flora
ORDINANCE 011304-4 TO VACATE A 20’ WATERLINE EASEMENT
DEDICATED BY SUBDIVISION PLAT AND REVISED SUBDIVISION
PLAT OF THE VILLAGE AT TINKER CREEK, SECTION 1, LOTS 26-33,
RECORDED IN PLAT BOOK 25, PAGE 171, AND PLAT BOOK 26,
PAGE 11, RESPECTIVELY, AND FURTHER SHOWN ON THE
SUBDIVISION PLAT OF THE VILLAGE AT TINKER CREEK, SECTION
1, LOTS 107-113, RECORDED IN PLAT BOOK 26, PAGE 83, ACROSS
PROPERTY OWNED BY CBI DEVELOPERS (TAX MAP NOS. 27.20-1-
29.1, 27.20-4-18 AND 27.20-4-19) LOCATED IN THE HOLLINS
MAGISTERIAL DISTRICT
WHEREAS, by subdivision plat of record in the Clerk’s Office of the Circuit Court
of Roanoke County, Virginia, in Plat Book 25, page 171, and revised subdivision plat of
record in Plat Book 26, page 11, for “,1,26-
THE VILLAGE AT TINKER CREEK SECTION LOTS
33”, dated July 23, 2002, and revised September 3, 2002, the developer, CBI
Developers, LLC, dedicated and created a “NEW 20' PUBLIC WATERLINE
EASEMENT”, shown on Sheet 2 of said plat; and,
WHEREAS, by subdivision plat for “,1,
THE VILLAGE AT TINKER CREEK SECTION LOTS
107-113”,dated February 24, 2003, and of record in the aforesaid Clerk’s Office in Plat
Book 26, page 83, said waterline easement was relocated by dedication of a ‘New 30’
Public Water & Sanitary Sewer Easement’; and,
WHEREAS, the existing 20’ waterline easement is unused and no longer
required; and,
January 13, 2004
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WHEREAS, the Petitioner-Developer, CBI Developers, LLC, has requested that
the subject 20’ waterline easement, as shown on Exhibit A attached hereto, be vacated
pursuant to §15.2-2272.2 of the Code of Virginia (1950, as amended); and,
WHEREAS, this vacation will not involve any cost to the County, will not interfere
with the provision of public services, and has been approved by the affected County
departments; and,
WHEREAS, notice has been given as required by § 15.2-2204 of the Code of
Virginia (1950, as amended); the public hearing and first reading of this ordinance was
held on December 16, 2003, and the second reading of this ordinance was held on
January 13, 2003.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the “EX. 20’ PUBLIC WATERLINE EASEMENT P.B. 26 PG. 11”
shown cross-hatched on Exhibit A attached hereto, said easement having been
dedicated and created as “NEW 20' PUBLIC WATERLINE EASEMENT” by subdivision
plat and revised subdivision plat of “,1,26-
THE VILLAGE AT TINKER CREEK SECTION LOTS
33”, dated July 23, 2002, and revised September 3, 2002, and recorded as aforesaid in
Plat Book 25, page 171, and Plat Book 26, page 11, respectively, and being further
shown on the subdivision plat for “,1,107-
THE VILLAGE AT TINKER CREEK SECTION LOTS
113”,dated February 24, 2003, and of record in Plat Book 26, page 83, located in the
Hollins Magisterial District, be, and hereby is, vacated pursuant to Section 15.2-2272 of
the Code of Virginia (1950, as amended).
2. That all costs and expenses associated herewith, including but not limited
to publication, survey and recordation costs, shall be the responsibility of the Petitioner,
CBI Developers, LLC.
3. 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.
4. 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 § 15.2-2272.2 of the
Code of Virginia (1950, as amended).
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer
NAYS: None
ABSTAIN: Supervisor Flora
2. Second reading of an ordinance to vacate, quit-claim and release
a 20’ sanitary sewer easement conveyed to the Board of
January 13, 2004
34
Supervisors in Deed Book 1321, Page 354, and a 10‘ well lot
access easement conveyed to the Board in Deed Book 1044, Page
816, on property owned by the Achievement Center Foundation
(Tax Map Nos. 26.16-2-13 and 26.16-2-12), Hollins Magisterial
District. (Arnold Covey, Director of Community Development)
O-011304-5
Mr. Covey stated that there have been no changes in this matter since the
first reading. There was no discussion on this matter.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
ORDINANCE 011304-5 TO VACATE, QUIT-CLAIM AND RELEASE A
20’ SANITARY SEWER EASEMENT CONVEYED TO THE BOARD OF
SUPERVISORS IN DEED BOOK 1321, PAGE 354, AND A 10’ WELL
LOT ACCESS EASEMENT CONVEYED TO THE BOARD IN DEED
BOOK 1044, PAGE 816, ON PROPERTY OWNED BY THE
ACHIEVEMENT CENTER FOUNDATION (TAX MAP NOS. 26.16-2-13
AND 26.16-2-12) IN THE HOLLINS MAGISTERIAL DISTRICT
WHEREAS, by deed of easement dated March 3, 1990, and recorded in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1321,
page 354, the Trustees of Azusa Street Ministries, U.P.C.I., a predecessor in title to the
current owner, the Achievement Center Foundation, conveyed a 20’ sanitary sewer
easement to the Board of Supervisors of Roanoke County, Virginia, upon and across
the parcel of land identified upon the Roanoke County Land Records as Tax Map No.
26.16-02-13; and,
WHEREAS, by deed dated June 30, 1976, and recorded in the aforesaid Clerk’s
Office in Deed Book 1044, page 816, the Roanoke County Public Service Authority
January 13, 2004
35
conveyed a 10’ access easement to and from a County well lot to the Board of County
Supervisors of Roanoke County, Virginia, upon and across the parcel of land identified
as Tax Map No. 26.16-02-12; and,
WHEREAS, during a recent land survey of the Achievement Center Foundation’s
property, it was discovered that neither the existing sanitary sewer line nor the gravel
access road to the County’s well lot was within the County’s respective easements; and,
WHEREAS, by ‘Resubdivision & Easement Plat for Achievement Center
Foundation’ dated November 18, 2002, and recorded in the aforesaid Clerk’s Office in
Plat Book 27, page 47, the property owner has corrected the discrepancies by
dedication of the easements in their respective correct locations to the County; and,
WHEREAS, the Achievement Center Foundation has requested that the original
unused easements as described above be vacated, quit-claimed and released by the
County; and,
WHEREAS, the new easements meet the requirements of the affected County
departments and the relocation will accurately reflect the County’s actual usage of the
easements.
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 December 16, 2003, and a
second reading was held on January 13, 2004.
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject real estate (unused sanitary sewer easement and well lot
access easement) is hereby declared to be surplus and the nature of the interest in real
estate renders it unavailable for other public uses.
3. That the 20’ sanitary sewer easement conveyed to the County by deed of
easement dated March 3, 1990, and recorded in the aforesaid Clerk's Office in Deed
Book 1321, page 354, across the property of the Achievement Center Foundation
identified upon the Roanoke County Land Records as Tax Map No. 26.16-02-13 in the
Hollins Magisterial District of Roanoke County, designated as “APPROX. LOCATION
EXISTING 20’ S.S.E. D.B. 1321, PG. 363 TO BE VACATED” on the ‘Resubdivision &
Easement Plat for Achievement Center Foundation’ dated November 18, 2002, and
recorded in the aforesaid Clerk’s Office in Plat Book 27, page 47, a copy of which is
attached hereto as Exhibit 1, be and hereby is authorized to be vacated, quit-claimed
and released.
4. That the 10’ well lot access easement conveyed to the County by deed
dated June 30, 1976, and recorded in the aforesaid Clerk’s Office in Deed Book 1044,
page 816, across the property of the Achievement Center Foundation identified upon
the Roanoke County Land Records as Tax Map No. 26.16-02-12 in the Hollins
Magisterial District of Roanoke County, designated as “EXISTING 10’ ACCESS
EASEMENT (D.B. 1044, PG. 816) TO BE VACATED” on the ‘Resubdivision &
January 13, 2004
36
Easement Plat for Achievement Center Foundation’ dated November 18, 2002, and
recorded in the aforesaid Clerk’s Office in Plat Book 27, page 47, a copy of which is
attached hereto as Exhibit 1, be and hereby is authorized to be vacated, quit-claimed
and released.
5. That Roanoke County will assume the costs of preparing and recording
the deeds of release associated with this action, to be paid from the available funds of
the Department of Community Development.
6. 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 this vacation and release, all of which shall be on form
approved by the County Attorney.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: APPOINTMENTS
1. Board of Zoning Appeals (Appointed by District)
2. Building Code Board of Adjustments & Appeals (Fire Code Board
of Appeals)
3. Roanoke County Planning Commission (Appointed by District)
Supervisor Wray nominated Rodney W. McNeil to serve a four-year term
which will expire on December 31, 2007. He asked that Mr. McNeil’s name be placed
on the consent agenda for confirmation at this meeting.
4. Roanoke Valley-Alleghany Regional Commission
Supervisor Church nominated Kevin Hutchins, Treasurer, to fill the
unexpired three-year term of Alfred C. Anderson, former Treasurer of Roanoke County.
This term will expire on June 30, 2004.
January 13, 2004
37
IN RE: CONSENT AGENDA
R-011304-6
Supervisor Church moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 011304-6 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM I - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for January
13, 2004, 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 1-8, inclusive, as follows:
1. Approval of minutes - December 16, 2003 and January 5, 2004
2. Confirmation of committee appointments to Southwest Development
Financing, Inc. and the Roanoke County Planning Commission
3. Request from schools to appropriate $72,000 from the fund balance of the
Roanoke Valley Regional Special Education Program
4. Request from schools to appropriate dual enrollment excess revenues in the
amount of $5,577.58
5. Request from schools to accept and appropriate a donation in the amount of
$50 from A. Victor Thomas
6. Request from Fire and Rescue Department to accept and appropriate grant
funds in the amount of $6,391 from the Virginia Department of Health for the
purchase of extrication equipment (Jaws of Life)
7. Request from Fire and Rescue Department to accept and appropriate $1,400
of the initial reimbursement and all subsequent reimbursements from the
Virginia Department of Health Advanced Life Support Training Fund for use in
the annual recertification process for pre-hospital trauma life support
8. Request from the Sheriff’s Office to accept and appropriate grant in the
amount of $15,975 from the Department of Criminal Justice Services for a
criminal justice record system improvement program
January 13, 2004
38
2. That the Clerk to the Board is hereby authorized and directed where required by
law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
On motion of Supervisor Church to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: REQUESTS FOR PUBLIC HEARINGS
1. Request to schedule two public hearings on January 27 and
February 10, 2004, to solicit citizen comments on possible
funding from the Virginia Community Development Block Grant
(VCDBG) Local Innovation Program for entrepreneurial loans to
Roanoke County businesses. (Melinda Cox, Existing Business
Manager)
A-011304-7
Ms. Cox reported that Roanoke County is eligible to apply for a Virginia
Community Development block grant (VCDBG) in the amount of $100,000. The grant
will be restricted to small Roanoke County businesses. Roanoke County has joined
with other jurisdictions in the past to apply for loans, but this is the first time Roanoke
County has had an opportunity to apply for loans that are restricted to Roanoke County
businesses only. Roanoke County would serve as the pass-through for the grant funds,
and Business Seed Capital would process and qualify all loan applications from local
businesses. Roanoke County would be responsible for disbursing the funds. Ms. Cox
January 13, 2004
39
indicated that two public hearings are required and if approved, a resolution of support
will be requested.
Supervisor Flora moved to schedule the two public hearings on January
27 and February 10, 2004. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: REPORTS
Supervisor Flora moved to receive and file the following reports. The
motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future Capital Projects
5. Report from VDOT of changes to the secondary road system in
November 2003
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Wray:
(1) He advised that a house fire occurred in Roanoke
County Saturday evening and a County resident lost his life and a volunteer firefighter
was injured. He wished the firefighter a speedy recovery and noted that County
January 13, 2004
40
professionals place their life on the line for every call they answer. (2) He advised that
on Saturday, January 17 the Clearbrook Rescue Squad will host a cornbread and bean
supper from 5:00 – 7:00 p.m.
Supervisor Church:
(1) He thanked Ms. Sara Franklin for her
attendance at the Board meetings and stated that she represents the ideal Roanoke
County citizen.
Supervisor McNamara:
(1) He referenced the house fire that occurred
on Saturday evening and noted that less than one week ago, Roanoke County
graduated 31 new firefighter/paramedics. He stated that they recognize the dangers
involved in their profession and will make Roanoke County proud.
IN RE: CLOSED MEETING
At 4:33 p.m., Chairman Flora moved to go into closed session following
the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (30) discussion
of the terms of a contract with the City of Roanoke and the Western Virginia Water
Authority, where discussion in open session would adversely affect the bargaining
position or negotiating strategy of the County; Section 2.2-3711 A (30) discussion of the
award of a public contract involving the expenditure of public funds and discussion of
the terms or scope of such contract for the public safety center where discussion in
open session would adversely affect the bargaining position or negotiating strategy of
the County. The motion carried by the following recorded vote:
January 13, 2004
41
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: WORK SESSIONS (4th Floor Conference Room)
1. Work session to discuss the recently adopted Emergency
Operation Plan (EOP) for Roanoke County. (Rick Burch, Chief of
Fire and Rescue)
The work session was held from 4:44 p.m. until 5:02 p.m. Fire and
Rescue Department staff present at the meeting included: Rick Burch, Chief; Joey
Stump, Division Chief – Administration; and Wina Green, Business Coordinator.
Chief Burch advised that the Commonwealth of Virginia Emergency
Services and Disaster Law requires every political subdivision to have an EOP and a
Director of Emergency Management. The day-to-day function is administered by an
Emergency Management Coordinator in the Fire and Rescue Department. The EOP is
a reference document should local capability not be sufficient to handle service delivery,
and it provides for a means of acquiring resources in the event of a disaster. Some of
the changes that have been made since the 1998 adoption include the following: (1)
addition of several annexes; (2) more departments are involved due to areas of
expertise (i.e., Information Technology due to reliance on technology). Chief Burch
reported that in addition to an EOP, the following are emergency management
requirements for localities: State Homeland Security Assessment and Strategy
Program (SHSAS), Local Capability and Assessment Review (LCAR), Community
January 13, 2004
42
Emergency Response Teams (CERT), and Local Emergency Planning Committee
(LEPC). Many of these programs, as well as an adopted EOP, must be in place to
qualify for grant funding.
Chief Burch indicated that a practice drill is planned for spring 2004, and
the EOP is available on the County’s intranet website for review.
2. Work session with the Capital Improvements Program (CIP)
Review Committee to review results of the evaluation process.
(Brent Robertson, Director of Management and Budget)
The work session was held from 5:04 p.m. until 5:55 p.m. The following
members of the Budget Department were present: Brent Robertson, Director; Chad
Sweeney, Budget Administrator; Cathy Weaver, Budget Analyst. The CIP Committee
members who were present included: Dawn Erdman, Cave Spring District; Jason
Perdue, Hollins District; Craig Sharp, Industrial Development Authority; Don Witt,
Planning Commission; Chris Georgoulis, Public Safety; and Jack Griffith, Parks and
Recreation Advisory Commission.
Mr. Robertson advised that the committee prioritized the projects based
on 12 separate criterions. The criterions were developed using values derived from
previously adopted plans, policies, and guidance by the Board. The committee ranked
the following projects as Level 1 (highest perceived community value): Fire and Rescue
– upgrade/replace paging capabilities; Information Technology – HP migration; Fire and
Rescue – EMS data reporting system; Information Technology – network infrastructure
January 13, 2004
43
upgrade; Public Safety – 800 MHz radio system upgrade; Treasurer – upgrade
remittance processing machine; Public Safety Center – option 2 excluding
administration offices; Community Development – regional storm water
management/flood control.
Committee recommendations included the following: (1) Capital
financing: develop a funding stream for recurring capital needs; consider the possibility
of a future general obligation bond issue to meet critical capital needs; establish a
sinking fund for future capital asset purchases. (2) Capital maintenance: increase
funding of capital maintenance needs so that they do not become capital project needs.
(3) Master planning: several departments would benefit from preparing/updating a
facilities master plan. (4) Land banking: project future capital needs and acquire sites
to be used for these facilities.
The Board and Mr. Hodge commended the committee for their work on
this project, and requested that the committee meet with staff and develop a value for
each project, draft a plan for implementing the priority projects, and identify funding
sources. This information will then be reviewed by the Board during the upcoming
budget process.
3. Work session to discuss proposed amendments to the Roanoke
County Code, Section 2-7 “Reimbursement of Expenses for
Emergency Response”. (Paul Mahoney, County Attorney)
January 13, 2004
44
The work session was held from 5:58 p.m. until 6:21 p.m. Mr. Mahoney
stated that in March 2002, Roanoke County adopted an ordinance implementing state
enabling legislation that would allow for reimbursement of emergency response calls for
accidents resulting from driving under the influence (DUI). In the 2003 session of the
Virginia General Assembly, the enabling legislation was expanded to include reckless
driving, driving without a license, and leaving the scene of an accident. As a result of
the 2003 amendments, this matter was brought to the Board in October 2003 to see if
the Board wanted to expand the ordinance to include these additional offenses.
Mr. Mahoney advised that the enabling legislation allows two different
options: (1) charge a flat $100 fee; or (2) conduct a minute-by-minute accounting of
actual costs incurred for a maximum charge of $1,000. At the October 14 meeting, the
Board requested that a work session be scheduled on October 18. Due to scheduling
conflicts, the work session has been rescheduled twice. In the interim on November 18,
the Board adopted a resolution identifying its legislative initiatives for the 2004 session
of the General Assembly. One of these initiatives is to amend the state enabling
legislation by increasing the flat fee from $100 to $500. Mr. Mahoney reported that the
costs recovered under the ordinance were outlined in the report contained in the
agenda packet.
Supervisor Church advised that he has never advocated a minute-by
minute accounting of charges, but has always supported the flat fee. He stated that the
conviction rate for reckless driving charges is miniscule (approximately 10-15% of those
January 13, 2004
45
charged), and he presented information on how DUI charges are handled in other
countries. He stated that the Board needs to take a positive, proactive stance.
Following discussion, it was the consensus of the Board to proceed with
the following revisions to the ordinance at the January 27 meeting: (1) expand the
ordinance to include the offenses of driving without a license and leaving the scene of
an accident; (2) change the amount of the fine charged for each offense to the
maximum allowed by the state, rather than a specific amount.
IN RE: CLOSED MEETING
The closed meeting was held from 6:21 p.m. until 6:45 p.m.
IN RE: CERTIFICATION RESOLUTION
R-011304-7
At 6:46 p.m., Supervisor Flora moved to return to open session and adopt
the Certification Resolution. The motion carried by the following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
RESOLUTION 011304-7 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 members
knowledge:
January 13, 2004
46
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 Flora to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors McNamara, Church, Wray, Altizer, Flora
NAYS: None
IN RE: ADJOURNMENT
Chairman Flora adjourned the meeting at 6:46 p.m.
Submitted by: Approved by:
________________________ ________________________
Diane S. Childers Richard C. Flora
Clerk to the Board Chairman