HomeMy WebLinkAbout12/16/2003 - Regular
December 16, 2003
1105
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
December 16, 2003
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the third Tuesday and the second
regularly scheduled meeting of the month of December, 2003.
IN RE: CALL TO ORDER
Chairman McNamara called the meeting to order at 3:03 p.m. The roll call
was taken.
MEMBERS PRESENT:
Chairman Joseph McNamara, Vice-Chairman Richard C.
Flora, Supervisors Michael W. Altizer, Joseph B. “Butch”
Church, H. Odell “Fuzzy” Minnix
MEMBERS ABSENT:
None
STAFF PRESENT:
Elmer C. Hodge, County Administrator; Paul M. Mahoney,
County Attorney; John M. Chambliss, Assistant County
Administrator; Dan O’Donnell, Assistant County
Administrator; Diane S. Childers, Clerk to the Board; Teresa
Hamilton Hall, Public Information Officer
IN RE: OPENING CEREMONIES
The invocation was given by Rabbi Manes Kogan, Beth Israel Synagogue.
The Pledge of Allegiance was recited by all present.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
December 16, 2003
1106
1. Resolution of appreciation to H. Odell "Fuzzy" Minnix for
twelve years of service on the Roanoke County Board of
Supervisors
R-121603-1
Chairman McNamara presented the resolution and Roanoke County throw
to Supervisor Minnix. Also attending was Mrs. Janet Minnix.
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES: Supervisors Flora, Church, Altizer, McNamara
NAYS: None
ABSTAIN: Supervisor Minnix
RESOLUTION 121603-1 OF APPRECIATION TO H. ODELL “FUZZY”
MINNIX FOR HIS SERVICES AS A MEMBER OF THE BOARD OF
SUPERVISORS FROM 1992 THROUGH 2003
WHEREAS, H. Odell “Fuzzy” Minnix was first elected to the Board of Supervisors
of Roanoke County to represent the Cave Spring Magisterial District in November 1991,
and served from January 1, 1992, until his retirement on December 31, 2003; and
WHEREAS, Supervisor Minnix exhibited leadership by serving as Chairman
during 1993, 1995 and 2001; and as Vice-Chairman in 2000; and
WHEREAS, Supervisor Minnix has demonstrated a generosity of spirit and heart
in his service to the citizens of Roanoke County, frequently going above and beyond his
role as a supervisor to provide assistance to those in need; and
WHEREAS, Roanoke County has undertaken numerous projects during
Supervisor Minnix’s twelve years on the Board, including the following:
?
Approval of school capital construction projects in excess of $100 million
?
Construction of Spring Hollow Reservoir and Water System
?
Construction of the Smith Gap Landfill
?
Creation of the Roanoke County Center for Research and Technology
?
Development of the Vinton Business Center
December 16, 2003
1107
?
National accreditation of the Sheriff’s Office and re-accreditation of the Police
Department
?
Installation of Automated External Defibrillators in County buildings
?
Delivery of the first State of the County Address for Roanoke County
WHEREAS, many regional initiatives were begun or completed during
Supervisors Minnix’s tenure including signing of the cooperative agreement with the City
of Roanoke to jointly staff the Clearbrook Fire Station; participation in regional summit
meetings of local governments in Southwest Virginia; adoption of a Regional Economic
Development Strategy; completion of the Roanoke Valley Fire & EMS Training Center
serving Southwest Virginia; dedication of the Roanoke Regional Tactical Training
Facility; opening of the Blue Ridge Parkway Visitors Center; and the creation of the
Western Virginia Water Authority, of which Supervisor Minnix will become the first
citizen representative for Roanoke County; and
WHEREAS, in addition to his duties as a Board member, Supervisor Minnix also
served with distinction on many committees and boards including the Audit Committee,
the Roanoke Regional Airport Commission, the Fifth Planning District Commission, the
Social Services Board, the Roanoke Valley-Alleghany Regional Commission
Metropolitan Planning Organization, the Blue Ridge Zoological Society of Virginia, and
the Lewis-Gale Bio-Ethics Committee.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
H. ODELL “FUZZY” MINNIX
of Roanoke County to for twelve years of capable, loyal
and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors wishes Supervisor Minnix continued success in
his future endeavors.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Altizer, McNamara
NAYS: None
ABSTAIN: Supervisor Minnix
2. Resolution of appreciation upon the retirement of Thomas R.
Walls, Social Services Department, after thirty years of service
R-121603-2
December 16, 2003
1108
Chairman McNamara presented the resolution and Roanoke County throw
to Mr. Walls. Also present were Mrs. Patti Walls and Dr. Betty McCrary, Director of
Social Services.
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 121603-2 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF THOMAS R. WALLS, SOCIAL SERVICES, AFTER
THIRTY YEARS OF SERVICE
WHEREAS, Thomas R. Walls was employed by Roanoke County on October 10,
1973, as an Eligibility Worker in the Social Services Department; and
WHEREAS, Mr. Walls retired from Roanoke County on November 1, 2003, as a
Senior Social Worker after thirty years of service; and
WHEREAS, during his years of employment, Mr. Walls worked in many different
areas of Social Services including: Eligibility Services; the WIN Program in coordination
with the Virginia Employment Commission; Family Services; Foster Care; and Custody
Investigations; and
WHEREAS, Mr. Walls was the coordinator of the Mediation Program for which
Social Services received an award from the National Association of Counties; and
received an award from the Commissioner of the Department of Social Services for
innovative program interventions; and
WHEREAS, Mr. Walls has served with professionalism and integrity, and through
his employment with Roanoke County has been instrumental in improving the quality of
life for its citizens, as well as consistently displaying an attitude of helpfulness and
leadership to colleagues.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
THOMAS R. WALLS
of Roanoke County to for thirty 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.
December 16, 2003
1109
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
3. Recognition of the Roanoke County Police Department for
receiving re-accreditation by the Commission on Accreditation
for Law Enforcement Agencies, Inc. (CALEA
)
Chairman McNamara recognized the following members of the Police
Department who were present at the meeting: Chief Ray Lavinder, Captain Phil
Patrone, Lieutenant Scott Smith, Officer Nancy Short, and Jimmy Chapman. Chief
Lavinder also recognized Steve Short for his support.
IN RE: NEW BUSINESS
1. Request to appropriate funds as a result of operations for the
fiscal year ended June 30, 2003. (Rebecca Owens, Director of
Finance)
A-121603-3
Ms. Owens reported that the following initiatives were accomplished in the
2002-2003 fiscal year: (1) no increases in taxes or fees; (2) funding of 6 additional
dispatchers for public safety E-911 to absorb the cellular E-911 calls that were
transferred to localities from the Virginia State Police; (3) additional school resource
officer for Hidden Valley High School; (4) increase in funding for CORTRAN. She
advised that KPMG, the County’s auditors, have completed their audit and delivered a
December 16, 2003
1110
favorable opinion for both the County and schools with no management letter
comments.
Ms. Owens advised that budget savings for the 2002-2003 fiscal year totaled
$3.1 million. Of this amount, $484,411 represents departmental expenditure savings.
Based upon the policy for rollovers at year-end, approved department rollovers totaled
$209,439. This leaves a net expenditure savings of $274,972 which will be transferred
to the capital fund balance based on the rollover policy.
Ms. Owens stated that actual revenues exceeded budgeted revenues by $2.6
million, primarily the result of increased tax collections in the areas of personal property,
sales, business license, meals, and cellular phone tax. These increases are attributed
to a more positive economic climate. As a result of previously approved Board actions,
$710,264 was appropriated from year-end surplus to fund the HP migration project,
voting machines, and bulk/brush collection.
Fee for service revenues exceeded budget by $396,483. At the time the
ambulance transport fee was approved, revenues were committed to fire and rescue
and will need to be appropriated accordingly. Ms. Owens advised that staff
recommends appropriating the funds to capital for purchase of a new radio system or
the public safety building.
Ms. Owens reported that this leaves a balance of $1,483,629 to be added to
the general fund unappropriated balance, and no action is required for these funds to be
added to the general fund balance. She further advised that the schools ended the year
December 16, 2003
1111
with a surplus of $4.1 million, due primarily to higher than anticipated enrollment for the
school year and expenditure savings in the personnel budget.
In response to an inquiry from Supervisor McNamara, Ms. Owens advised
that the funds remaining in the Board contingency fund at year-end are rolled over into
the general fund. The Board contingency fund begins each fiscal year with a balance of
$100,000. Supervisor McNamara questioned what the balance in the Board
contingency fund was at the end of fiscal year 2002-2003, and Ms. Owens indicated
that she would obtain this information and report back to the Board.
Supervisor McNamara noted that the general fund balance continues to grow
each year, and he advised that school enrollment numbers also continue to grow each
year which speaks highly of the accomplishments of the schools. He stated that the
Board contingency fund is to be used to fund items that are out of the ordinary and
requested that rather than use the surplus in this fund as a rollover into the general
fund, that the Board consider using $8,000 to be divided between the booster clubs in
Roanoke County. He stated that this would help to offset their increasing costs due to
increasing enrollment in the schools.
Supervisor Church advised that he recalled that any surplus funds from the
fee for transport were to be used for additional personnel in the fire and rescue
department. He questioned whether a surplus is anticipated in future years. Ms.
Owens advised that this is the second year since the fee was implemented so it is still
new. She stated that in future years, staff will be better able to project trends and
December 16, 2003
1112
determine if a surplus is to be expected. She also noted that during the 2002-2003
fiscal year, the fee for transport was increased and the budget was not adjusted to
reflect this increase.
Supervisor Church moved to appropriate the surplus funds from the fee for
transport equally between fire and rescue personnel and the Roanoke County booster
clubs.
Supervisor Minnix requested clarification from Mr. Hodge regarding the use of
these funds and indicated that he was under the impression that all surplus funds were
to be used for fire and rescue purposes only. He noted that initially money had to be
loaned to the Fire and Rescue Department to pay the personnel costs, and he
questioned if funds had now reached a surplus level where the money has been paid
back. Mr. Hodge advised that one year does not make a trend and using these funds
for a recurring expenditure at this time would be premature. Mr. Hodge recommended
placing the surplus into the fire and rescue capital account for a new radio system for
the public safety building. He noted that the top ranking priority designed by the Capital
Improvement Program (CIP) Advisory Committee is a new paging system. He further
advised that the surplus funds can be used for either capital or personnel costs, and
noted that fire and rescue is currently fully staffed.
Supervisor Minnix stated he was under the impression that any surplus would
be used on an ongoing basis for fire and rescue personnel expenses. He questioned if
these costs are now being funded out of the Fire and Rescue Department budget. Mr.
December 16, 2003
1113
Hodge reported that transport call volume for rescue services determines the amount of
incoming revenue, and indicated that Roanoke County’s rates are considerably below
the maximum allowed by the Federal government. He stated that we do not have
enough data to predict a future trend, and recommended evaluating where the greatest
needs exist (paging system vs. personnel).
Supervisor McNamara questioned whether the Board had appropriated a
continuing revenue flow of $190,000 that was excess fee for transport funds when the
10 additional firefighters were approved. Ms. Hyatt reported that when the additional
personnel were hired, some partial year offsetting revenue from the fee for transport
was used to fund the cost. An analysis of all the new positions and their cost had been
conducted, and those were added from the general fund at the time. However if the
new positions which have been added in the last several years is compared to the
incoming revenue from the fee for transport, the general fund has actually paid more in
new salaries than what is being covered by the fee for transport.
Supervisor Flora indicated that when those slots were filled, this met the
expected needs for personnel. He advised that he would prefer that the money be used
for what is recommended and noted that Fire Department equipment is aging and we
need to provide personnel with the necessary equipment. He also indicated that if the
Board is serious about proceeding with a new public safety building, these funds should
be set aside until the necessary requirements are known.
December 16, 2003
1114
Supervisor Church indicated that he is trying to do something that will benefit
both areas, and he is not advocating spending these funds on a recurring basis. He
noted it would be prudent to examine potential fire and rescue and police personnel
needs. He concurred that the radio system is an important need, and voiced his
support for Mr. Hodge’s recommendation that the monies be set aside at this time. He
indicated that a need may exist for additional police personnel.
Supervisor Church withdrew the motion on the floor and made a substitute
motion to appropriate the fee for service in excess of budget of $396,483 to a fire and
rescue reserve account until a needs assessment is complete.
Supervisor Altizer noted that in years past, capital needs have not been
addressed. He indicated that this money should be set aside in a capital account for a
use to be determined in the future. He also stated that if the Board is serious about a
public safety building and the need exists for a new radio system, the Board should
reserve funds to cover these expenses. If the monies are placed in a capital account,
they can be moved to an appropriate location as needed.
Chairman McNamara clarified with Mr. Church that the motion is to
appropriate the funds to a fire and rescue reserve account.
Supervisor Minnix applauded Supervisor McNamara’s initiative with regard
to the booster clubs. He challenged the Board to look at the work done by the booster
clubs and suggested appropriating $5,000 from the unappropriated fund balance to
each booster club on a matching funds basis.
December 16, 2003
1115
The substitute motion by Supervisor Church to appropriate the fee for
service in excess of budget of $396,483 to a fire and rescue reserve account until a
needs assessment is complete carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Resolution requesting the Federal Railway Administration
(FRA) to establish mandatory regulations for the operation of
remote control locomotives. (Paul Mahoney, County Attorney)
R-121603-4
Mr. Mahoney advised that on December 2, 2003, the Board held a work
session on this matter. At that time, staff provided the Board with a summary on remote
control locomotive (RCL) operations and a Notice of Safety Advisory which
recommended minimal guidelines for RCL operations, both published by the Federal
Railroad Administration (FRA). At that work session, Supervisor Altizer requested that a
resolution be placed on the Board of Supervisors’ December 16 agenda requesting that
the FRA establish mandatory regulations with respect to the operation of RCL.
Supervisor Altizer advised that he had requested this resolution, and
stated that it has been the history of this Board to get in front of issues related to safety.
He noted that statements have been made regarding the turbulence between two
unions, and stated that it is not the position of this Board to get between two unions or
to establish mandates to companies if they find a way that they can profitably do
December 16, 2003
1116
something better. He stated that this resolution goes beyond this scope in that it
involves a train operating under minimal guidelines with remote control operation. He
stated that one individual must operate a locomotive under a guideline (RCL operators)
while others must operate under a regulation (locomotive engineers). He stated that
this is setting forth a standard for anyone who is operating a train and establishing these
as rules and not guidelines.
Supervisor Flora reported that he had spoken with a Norfolk Southern
engineer regarding this matter, and was advised that this is a battle between two unions
and is about job protection. He questioned why the Board of Supervisors was stepping
into this arena. Supervisor Flora stated that this is not an area for the Board’s
involvement and indicated that he cannot support a resolution which tells a business
how to conduct its operations.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Church, Minnix, Altizer, McNamara
NAYS: Supervisor Flora
RESOLUTION 121603-4 REQUESTING THE FEDERAL RAILROAD
ADMINISTRATION TO ESTABLISH MANDATORY REGULATIONS FOR
THE OPERATION OF REMOTE CONTROL LOCOMOTIVES
WHEREAS, the Federal Railroad Administration (FRA) was created by the
Department of Transportation Act of 1966 (49 U.S.C. 103, Section 3(e) (1). The
purpose of FRA is to: promulgate and enforce rail safety regulations; administer railroad
assistance programs; conduct research and development in support of improved
railroad safety and national rail transportation policy; provide for the rehabilitation of
December 16, 2003
1117
Northeast Corridor rail passenger service; and consolidate government support of rail
transportation activities; and
WHEREAS, on February 14, 2001, the FRA published Notice of Safety Advisory
2001-1 in the Federal Register addressing the establishment of recommended non-
regulatory minimal guidelines for the operation of remote control locomotives; and
WHEREAS, the Brotherhood of Locomotive Engineers (BLE) has requested that
the Board of Supervisors of Roanoke County, Virginia, adopt a resolution banning the
use of remote control locomotives in Roanoke County.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, that this Board requests the Federal Railroad Administration to
establish mandatory regulations for the operation of remote control locomotives.
Be it further resolved that a certified copy of this resolution be sent to the
Administrator of the Federal Railroad Administration and to Norfolk Southern Railway.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Church, Minnix, Altizer, McNamara
NAYS: Supervisor Flora
3. Request to approve position of Office Support Specialist in the
Clerk to the Board of Supervisor’s office. (Diane S. Childers,
Clerk to the Board)
A-121603-5
Ms. Childers advised that staffing in the Clerk’s Office is currently
insufficient to meet the increasing number of meetings and responsibilities being
handled by the department. Since its inception, the Clerk’s Office has been comprised
of two full-time staff members and the key responsibilities have evolved to include more
managerial functions. In addition, citizens have become more computer literate and
increasingly expect that information will be readily available to them on the internet.
She stated that the Clerk’s Office has sought to keep pace with these changes by
making information available to citizens on the website, which staff maintains on a
December 16, 2003
1118
weekly basis in order to reflect current agenda and meeting information. In 2004, the
Clerk’s Office will be implementing an electronic records management system which will
provide citizens and staff with the ability to access and search records online, as well as
providing a more secure, cost effective medium for the storage of records. They will
also begin focusing more on the records management aspect of the office, and
historical data will be scanned to provide access to these records for electronic
searches and to increase the security of records by creating a digital backup copy.
Ms. Childers stated that a key factor which has impacted staffing needs in
the office is the increase in the number of Board meetings. In 2001, staff attended and
handled the necessary preparation and follow-up for 21 Board of Supervisors meetings;
in 2002, there were 29 meetings, and in 2003 this number had increased to 41. Staff
has attempted to address these needs through the use of part-time personnel and
overtime; however, the increasing responsibilities have frequently required extending
the hours of the part-time position. It is therefore requested that the part-time position
be made a full-time position in order to continue providing the current service levels.
Staff is recommending that the Board approve the addition of an Office
Support Specialist position in the Clerk to the Board of Supervisor’s Office and
appropriate $15,000 from the Board Contingency Fund for the remainder of the 2003-
2004 fiscal year. In future years, these personnel costs will be factored into the adopted
budget.
December 16, 2003
1119
Supervisor Church noted that the electronic records management system
will produce a cost savings with regard to paper usage, but noted that it will create a
new way of doing business. He voiced support for the staff in the Clerk’s Office.
Supervisor Church moved to approve staff recommendation (approve the
addition of the Office Support Specialist position in the Clerk to the Board of
Supervisor’s Office and appropriate $15,000 from the Board contingency fund for the
remainder of the 2003-2004 fiscal year).
Supervisor Flora requested clarification that the total number of staff
members would now be three, and questioned how many years the office had operated
with two staff members. Mr. Hodge advised that there had been two staff members for
over 18 years.
Supervisor Minnix questioned how many staff members work in the
Clerk’s Office in Roanoke City. Ms. Childers indicated that there are eight staff
members in Roanoke City, including the Clerk. Supervisor Minnix noted that other
localities of similar size to Roanoke County likely have larger staffs due to the
increasing number of calls from citizens. He stated that when a need exists and it is
filled with part-time personnel, this leads to greater turnover and the need to re-train
because part-time personnel receive no benefits. He indicated that staff has
substantiated the need for additional personnel.
Supervisor Altizer voiced support for the recommendation, and indicated
that the Clerk’s Office delivers service to the citizens. He noted that call levels and
December 16, 2003
1120
numbers of meetings have increased, and he indicated that no loyalty exists when
personnel needs are filled with part-time personnel. He stated that productivity is not
maximized when staff has to re-hire and re-train individuals who leave part-time
positions for full-time positions with benefits.
Supervisor McNamara noted that the annual cost is $30,000 and that it is
recommended that the money be taken from the Board contingency fund. He
questioned if this is for the six months remaining in the current fiscal year. Ms. Childers
advised that the full year’s salary and benefit costs are $30,000, and staff is
recommending that $15,000 be appropriated at this time to cover the remainder of the
2003-2004 fiscal year. She stated that these costs will be factored into the budget
process in future years.
Supervisor McNamara questioned how the cost for the part-time position
is being paid at this time. Ms. Childers stated that the funds for the part-time position
were appropriated into the County Administrator’s budget due to the fact that the
position provides backup support for that office. However the number of hours that the
part-time person works have been increased to meet staffing needs and the amount of
money that was set aside for the salary costs in the current fiscal year has already been
absorbed.
Supervisor McNamara voiced support for the motion but noted everything
the Board does has a cost. He stated that the increase in the number of meetings make
this very clear, and indicated that there will not be any contested elections if the Board
December 16, 2003
1121
continues on this path. He questioned if the additional work is yielding additional
results, although he stated that the Board and Clerk’s Office is doing a fine job.
The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
4. Request to ratify appointment to the Western Virginia Water
Authority. (Elmer C. Hodge, County Administrator)
A-121603-6
Mr. Hodge advised that this is a request to ratify the appointment of the
seventh member of the recently founded Western Virginia Water Authority (WVWA). He
stated that at this point, the Authority is still in transition. A number of meetings and
public hearings must be held and the matter must go to the State Corporation
Commission (SCC) before the Authority is finalized. However before the articles of
incorporation can be submitted to the SCC, the names of all seven appointed Board
members must be included. Mr. Hodge advised that three members are appointed by
Roanoke County, three by Roanoke City, and the seventh member is nominated by the
six members, subject to ratification by Roanoke County and Roanoke City. He noted
that Roanoke City ratified the appointment of George Logan at their meeting yesterday,
contingent upon ratification by Roanoke County. If the appointment is ratified, the next
step in the formation of the Authority is a public hearing on January 27, 2004. Mr.
Hodge also advised that the term is for four years and will begin and expire on the date
December 16, 2003
1122
the articles of incorporation are approved by the SCC, and this is expected to be
sometime in February.
Supervisor Altizer, as a member of the Authority Board, advised that many
applicants were discussed. He stated that Mr. Logan is a distinguished gentleman with
a great deal of experience to bring to the Authority Board.
Supervisor Altizer moved to ratify the appointment of George W. Logan as
the seventh member of the Western Virginia Water Authority. The motion carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: FIRST READING OF ORDINANCES
1First reading of ordinance to vacate, quit-claim and release a
.
20’ sanitary sewer easement conveyed to the Board of
Supervisors in Deed Book 1321, Page 354, and 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)
Mr. Covey reported that the Achievement Center Foundation is requesting
that an unused 20 ft. sanitary sewer easement and an unused 10 ft. access easement
December 16, 2003
1123
be vacated and released. He stated that during a recent survey of the petitioner’s
property, it was discovered that the existing sanitary sewer line was not located within
the dedicated 20’ easement. The Achievement Center Foundation has relocated both
of the easements and the necessary plats have been recorded. Roanoke County will
assume the costs associated with the preparation and recordation of the release deeds
for the easements to be vacated.
There was no discussion on this matter.
Supervisor Flora moved to approve the first reading and set the second
reading for January 13, 2004. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: APPOINTMENTS
1. Southwest Development Financing, Inc.
Supervisor McNamara nominated Wendy Schultz, Tourism and Event
Coordinator, to serve an additional two-year term which will expire on January 1, 2006.
IN RE: CONSENT AGENDA
R-121603-7; R-121603-7.b; R-121603-7.c; R-121603-7.f
Supervisor Minnix moved to adopt the Consent Resolution with Item 3
removed. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
December 16, 2003
1124
RESOLUTION 121603-7 APPROVING AND CONCURRING
IN CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED
AS ITEM J - CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the certain section of the agenda of the Board of Supervisors for
December 16, 2003 designated as Item J - Consent Agenda be, and hereby is,
approved and concurred in as to each item separately set forth in said section
designated Items 1 through 6, inclusive, as follows:
1. Approval of minutes - November 14, November 19, and December 2, 2003
2. Confirmation and ratification of committee appointments to the Blue Ridge
Behavioral Healthcare Board of Directors, Grievance Panel, Library Board,
Roanoke County Planning Commission, and Roanoke Valley Resource
Authority
3. Approval of resolutions of appreciation upon the retirements of the following
individuals:
(a) Michael R. Morris, Fire & Rescue Department, after twenty-eight years of
service
(b) Charles W. Vaden, Real Estate Valuation Department, after fourteen
years of service
4. Request to accept and appropriate grant in the amount of $10,000 from the
Department of Motor Vehicles (DMV) for use in conducting DUI checkpoints,
aggressive driving enforcement, injury accident reduction and safety and child
seat enforcement
5. Request to approve and adopt the revised Emergency Operation Plan (EOP)
for the County of Roanoke
6. Request to accept the remaining portion of Valley Stream Drive, located in the
Vinton Magisterial District, into the Virginia Department of Transportation
Secondary System
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.
RESOLUTION 121603-7.f REQUESTING ACCEPTANCE OF THE REMAINING
PORTION OF VALLEY STREAM DRIVE INTO THE VIRGINIA DEPARTMENT
OF TRANSPORTATION SECONDARY SYSTEM.
WHEREAS, the streets described on the attached Addition Form SR-5(A), fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of
the Circuit Court of Roanoke County, and
December 16, 2003
1125
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised this Board the streets meet the requirements established by the
Subdivision Street Requirements of the Virginia Department of Transportation,
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 streets described on the attached Additions
Form SR-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code
of Virginia, and the Department's Subdivision Street Requirements, and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted
right-of-way, as described, and any necessary easements for cuts, fills and drainage,
and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be
forwarded to the resident Engineer for the Virginia Department of Transportation.
Recorded Vote
Moved by:
Supervisor Minnix
Seconded by:
None Required
Yeas:
Supervisors Altizer, Church, Flora, Minnix, McNamara
Nays:
None
Supervisor Minnix moved to adopt the resolutions in Item 3. The motion
carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 121603-7.b EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF MICHAEL R. MORRIS, FIRE & RESCUE
DEPARTMENT, AFTER TWENTY-EIGHT YEARS OF SERVICE
WHEREAS, Michael R. Morris was employed by Roanoke County on April 1,
1975, as a firefighter with the Roanoke County Fire and Rescue Department; and
WHEREAS, Firefighter/EMT Morris retired from Roanoke County on December
1, 2003, after twenty-eight years and eight months of service; and
WHEREAS, Firefighter/EMT Morris‘ professionalism and integrity during his
many years of service contributed significantly to the development of the Roanoke
County Fire & Rescue Department; and
December 16, 2003
1126
WHEREAS, Firefighter/EMT Morris, through his employment with Roanoke
County, has been instrumental in improving the quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
MICHAEL R. MORRIS
of Roanoke County to for more than twenty-eight years of
capable, loyal and dedicated service to Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 121603-7.c EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF CHARLES W. VADEN, REAL ESTATE VALUATION,
AFTER FOURTEEN YEARS OF SERVICE
WHEREAS, Charles W. Vaden was employed by Roanoke County on January 2,
1989, as an Appraiser in the Real Estate Valuation Office; and also served as Senior
Appraiser; and Assistant Director of Real Estate Valuation; and
WHEREAS, Mr. Vaden retired from Roanoke County on December 1, 2003, as
the Assistant Director of Real Estate Valuation after fourteen years and eleven months
of service; and
WHEREAS, Mr. Vaden has been a member of the Virginia Association of
Assessing Officers, and has a professional designation through the American Society of
Appraisers, currently holding the treasurer position for the local chapter; and
WHEREAS, Mr. Vaden has served with professionalism and integrity, and
through his employment with Roanoke County has been instrumental in improving the
quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
of Roanoke County to CHARLES W. VADEN for more than fourteen years of capable,
loyal and dedicated service to Roanoke County; and
FURTHER, the office of Real Estate Valuation expresses their heartfelt thanks to
Mr. Vaden for being a great supervisor, friend, and devoted employee during his tenure
with Roanoke County; and
FURTHER, the Board of Supervisors does express its best wishes for a happy and
productive retirement.
On motion of Supervisor Minnix to adopt the resolution, and carried by the
following recorded vote:
December 16, 2003
1127
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: CITIZENS’ COMMENTS AND COMMUNICATIONS
Mr. David Wymer,
5546 Deer Park Drive, spoke regarding Supervisor
Minnix’s years of unselfish devotion of his time to help the youth and adults in his district
and the County. He noted the countless hours Supervisor Minnix spent working with
the youth in the Cave Spring district high school athletic programs such as football,
track, and softball. He stated that Supervisor Minnix also was committed to other
groups in Roanoke County, whether it meant dealing with water in basements in Penn
Forest, flooding in North and East County, snow related challenges along Route 220,
fires at retirement homes, or tire fires in South County. He stated that Supervisor
Minnix’s listening ability and ability to find common ground characterize his time on the
Board of Supervisors.
IN RE: REPORTS
Supervisor McNamara moved to receive and file the following reports.
The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
1. General Fund Unappropriated Balance
2. Capital Fund Unappropriated Balance
3. Board Contingency Fund
4. Future Capital Projects
December 16, 2003
1128
5. Accounts Paid – November 2003
6. Statement of expenditures and estimated and actual revenues
for the month ended November 30, 2003
7. Statement of the Treasurer’s accountability per investment
and portfolio policy as of November 30, 2003
IN RE: CLOSED MEETING
At 4:38 p.m., Supervisor McNamara moved to go into closed meeting
following the work sessions pursuant to pursuant to Code of Virginia Section 2.2-3711 A
(7) consultation with legal counsel regarding settlement with respect to pending
litigation, namely Roanoke County vs. General Electric (Dixie Caverns Landfill). The
motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: WORK SESSIONS (4th Floor Conference Room)
1. Joint work session with the Planning Commission for the
purpose of discussing the Comprehensive Plan. (Janet
Scheid, Chief Planner)
The work session was held from 5:37 p.m. until 6:13 p.m. The following
Roanoke County staff was present at the meeting: Arnold Covey, Director of
Community Development; Janet Scheid, Chief Planner; David Holladay, Zoning
Administrator. Planning Commission members who were present included: Don Witt,
December 16, 2003
1129
Al Thomason, Steve Azar, and Martha Hooker.
Ms. Scheid presented an overview of the 1998 Community Plan. She
identified goals in the following areas for inclusion in the updated plan: economic
development, public utilities, stormwater management, transportation, and growth
management. The process for implementation of the plan was presented, and Ms.
Scheid advised that the revised plan will be presented to the Planning Commission in
February 2004 and zoning ordinance amendments will be presented in April or May
2004.
Mr. Holladay presented future land use maps which highlighted areas
where R-1 zoning currently extends beyond the existing infrastructure. He also
presented maps detailing slope data in the R-1 zoning district. Mr. Holladay advised
that zoning changes will follow any adjustments made to the future land use maps.
It was the consensus of the Board that staff should continue proceeding
with the proposed revisions, and staff was directed to hold additional community
meetings with the groups who will be most affected by the proposed changes.
2. Work session to discuss public safety building proposals under
the Public-Private Education Facilities and Infrastructure Act of
2002 (PPEA). (Dan O'Donnell, Assistant County Administrator)
The work session was held from 6:16 p.m. until 6:36 p.m. Mr. O’Donnell
reported that the following two proposer teams have decided to continue with Phase II
of the PPEA process: Northrup-Grumman and Public Facility Consortium. Staff is
December 16, 2003
1130
ready to proceed with Phase II scope of services where the following information will be
requested: (1) site-specific preliminary drawings; (2) detailed equipment descriptions;
(3) radio systems analysis; (4) list of all major subcontractors; and (5) cost breakdown
by components and options with suggested financing plans. Mr. O’Donnell advised that
possible sites for the facility include the School Board site on Cove Road as well as
several possible sites near Wood Haven Road.
Mr. Chambliss reported that technology upgrades are needed for the
following: (1) replication of equipment at the Dispatch Center; (2) paging system for
Fire and Rescue; (3) computer aided dispatch (CAD) and records management system
for the Police and Fire and Rescue Departments; (4) wireless 911 Phase II equipment;
and (5) 800 Mhz radio system. Additional information was provided regarding the
current paging system which was installed in 1978 and the 800 Mhz radio system
installed in 1987. Mr. Chambliss stated that proposers are being asked to evaluate the
existing equipment and its life cycle. Both Roanoke County and Roanoke City currently
operate analog systems.
It was the consensus of the Board to continue moving forward with the
Phase II scope of services evaluation.
3. Work session to discuss proposed amendments to the Roanoke
County Code, Section 2-7 “Reimbursement of Expenses Incurred
for Emergency Response”. (Paul Mahoney, County Attorney)
This work session was postponed until January 13, 2004.
December 16, 2003
1131
IN RE: CLOSED MEETING
The closed meeting was held from 6:40 p.m. until 6:55 p.m.
IN RE: CERTIFICATION RESOLUTION
R-121603-8
At 7:02 p.m., Chairman McNamara moved to return to open session and
adopt the certification resolution. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of appreciation upon the retirement of Kenneth W.
Kern, Police Department, after twenty-nine years of service
R-121603-9
Supervisor McNamara presented the resolution and Roanoke County
throw to Lieutenant Kern. Also present was Lieutenant Kern’s mother.
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 121603-9 EXPRESSING THE APPRECIATION OF THE
BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE
RETIREMENT OF KENNETH W. KERN, POLICE DEPARTMENT AFTER
TWENTY-NINE YEARS OF SERVICE
December 16, 2003
1132
WHEREAS, Kenneth W. Kern was employed by Roanoke County on December
15, 1973, as a Dispatcher; and after serving as Deputy Sheriff, was promoted to
Detective in the Criminal Investigations Division; and later promoted to Sergeant and
Lieutenant; and
WHEREAS, Lt. Kern’s most recent assignment was supervising the animal
control, traffic and school resource programs; and
WHEREAS, Lt. Kern was one of the original members of the Police Department
which was established 1990; and
WHEREAS, Lt. Kern retired from Roanoke County on November 1, 2003, after
twenty-nine years and ten months of service; and
WHEREAS, Officer Kern has served with professionalism and integrity, and
through his employment with Roanoke County, has been instrumental in improving the
quality of life for its citizens.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County expresses its deepest appreciation and the appreciation of the citizens
KENNETH W. KERN
of Roanoke County to for more than twenty-nine 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 McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: PUBLIC HEARINGS
1. Public hearing to receive comments on the Secondary System
Six-Year Construction Plan for Fiscal Years 2004-2010 and the
allocation of funds for Fiscal Year 2004-2005. (Arnold Covey,
Director of Community Development)
(a). Approval of resolution for Secondary Road System Six-
Year Construction Plan for Fiscal Years 2004-2010 and
the allocation of funds for Fiscal Year 2004-2005
December 16, 2003
1133
R-121603-10
Mr. Covey reported that in accordance with Section 33.1-70.01 of the
Code of Virginia and the policy of the Virginia Department of Transportation (VDOT), the
Board of Supervisors is requested to revise and update the Six-Year Secondary Road
Construction Plan every year. The secondary roads are numbered 600 and greater. All
routes less than 600 are considered primary or interstate and are excluded from this
report. In Roanoke County, VDOT is responsible for overseeing all highway
improvements. The County’s role is to review and approve all secondary road
construction with the guidance of the local resident engineer. All maintenance including
snow removal, ditching, potholes, surface overlays, etc. are the responsibility of VDOT.
Mr. Covey stated that this plan, developed jointly by VDOT and County staff, was
developed by reviewing the current construction plan and requests received by both
County citizens and the Board of Supervisors during the past year. It was presented to
the Board at a work session on November 18, 2003.
Mr. Covey outlined the following changes made to this year’s Six-Year
Secondary Construction Plan and Rural Addition Priority List:
?
Roanoke County received funding totaling approximately $3.16 million last year.
Roanoke County’s budget for FY 2004-2005 is estimated to be approximately $3.07
millionthat is to be distributed between the following two categories:
December 16, 2003
1134
Countywide Incidental Construction Items:
This category includes minor
construction that can be completed normally within one year such as pavement
overlays, drainage improvements, traffic signs, entrance culverts and minor curve
improvements (usually covered under the revenue sharing program). Other items
included in this category are the rural addition roads. Roanoke County has allocated
$330,000 for this category of which $153,500, which is the maximum allowed by the
state,is appropriated to rural addition roads.
Rural addition projects:
Artrip Lane has been completed and forwarded to
VDOT for acceptance. Staff is currently working on Indian Hill Road, and one rural
addition petition was received this year from the citizens on France Drive.
Mr. Covey advised that the bulk of Roanoke County’s allocations of funds
of approximately $2.7 million are for numbered projects. Priority projects numbered 0
through 12 and 17 are scheduled to receive funding this year. They are as follows:
Hollins Road, McVitty Road, Old Cave Spring Road, Colonial Avenue, Buck Mountain
Road, Cotton Hill Road, Mountain View Road, Boones Chapel Road, Catawba Creek
Road, Dry Hollow Road, Merriman Road, John Richardson Road and Rocky Road.
Mr. Covey outlined the following projects which have been added to the
plan:
?
Hardy Road (priority #16):
This project involves reconstruction from the existing
project at Vinton town limits to the Blue Ridge Parkway bridge. Mr. Covey advised
that staff is requesting that this project be added because of the current
December 16, 2003
1135
development approved along this corridor (Vinton Business Center and Cardinal
Insulated Glass) and the increase activity in Bedford County and Smith Mountain
Lake.
?
Montcap Trail (priority #18):
. Pave 0.2 miles of unpaved road. Mr. Covey noted
that County Line and Montcap Trail are the only two unpaved roads that are left in
the County that meet the 50 vehicles per day requirement.
Mr. Covey reported that the following projects were considered but not
added because of insufficient funds: Carvins Cove Dam Road, County Line Road,
Bohon Hollow Road, Honeysuckle Road, Two Ford Road, Starkey Road, Hershberger
Road, Manassas Drive and Franklin Street. These roads will be monitored each year
for consideration to be added to the six-year plan.
No citizens were present to speak regarding this matter and there was no
discussion.
Supervisor McNamara moved to adopt the resolution. The motion carried
by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 121603-10 APPROVING AND ADOPTING THE
SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR
FISCAL YEAR 2004-2010 AND APPROVAL OF THE ALLOCATION OF
FUNDS FOR FISCAL YEARS 2004-2005
WHEREAS
, a public hearing was held on December 16, 2003, to receive
comments for the adoption of the Secondary Road System Six-Year Construction Plan
December 16, 2003
1136
for Roanoke County for Fiscal Years 2004-2010; and the adoption of the funding for
Fiscal Years 2004-2005; and
WHEREAS
, the Board of Supervisors does hereby approve the adoption of the
Secondary Road System Six-year Construction Plan for Roanoke County for Fiscal
Years 2004-2010 and allocation for Fiscal Year 2004-2005 as set out in the attached
Secondary System Construction program.
NOW, THEREFORE, BE IT RESOLVED
that a copy of this resolution duly
attested to be forthwith forwarded to the Virginia Department of Transportation Salem
Residency Office along with a duly attested copy of the proposed Secondary Road
System Six-Year Construction Plan for Roanoke County for Fiscal Years 2004-2010 by
the Clerk to the Board.
On motion of Supervisor McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
(b) Approval of projects for Fiscal Year 2004-2005 Virginia
Department of Transportation (VDOT) Revenue Sharing
Program
A-121603-11
No citizens were present to speak on this matter and there was no
discussion.
Supervisor McNamara moved to approve staff recommendation (approve
the project list and authority the County Administrator to sign the letter of intent and
defer appropriation of the $500,000 in funds until July 1, 2004). The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Public hearing to receive comments on an administrative appeal
December 16, 2003
1137
requested by Galax Treatment Center, d/b/a/ LCG-Roanoke, from
the Zoning Administrator’s decision to refuse to certify zoning
compliance for the operation of a methadone clinic to be located
at 3390 Colonial Avenue in the County of Roanoke. (Paul
Mahoney, County Attorney)
Mr. Mahoney advised that the Board will be functioning as a judicial body,
rather than a legislative body, with regard to this matter. He stated that this is the first
time the Board has had to consider an administrative appeal with respect to an
interpretation of a proffered condition. Typically, most zoning questions are sent to the
Board of Zoning Appeals but because this is a proffered condition and it deals with the
interpretation of that proffered condition, by State and County Code it must be heard by
the Board of Supervisors. Mr. Mahoney indicated that this appeal by the Galax
Treatment Center is not to hear whether or not the Zoning Administrator’s decision with
respect to the definition of a medical office is appropriate or not; it is not to hear whether
the Zoning Administrator’s decision of the text amendment is required; and it is not to
hear arguments with respect to whether or not the Galax Treatment Center has vested
rights. He indicated that these issues are being handled through other avenues: the
vested rights issue is currently pending in Circuit Court and the first two issues will be
heard tomorrow by the Board of Zoning Appeals. Mr. Mahoney advised that the issue
before the Board is a very narrow issue with respect to the interpretation of a proffered
condition. Mr. Mahoney reported that the format for the presentation will be as follows:
December 16, 2003
1138
Ed Natt, attorney for the petitioner, will speak first; Mr. Mahoney will then speak on
behalf of the Zoning Administrator’s decision with regard to the proffered condition;
citizens will be given an opportunity to speak; and closing arguments will then be
offered by Mr. Natt.
Mr. Natt advised that the Galax Treatment Center was withdrawing their
appeal of the Zoning Administrator’s decision, and he indicated that they will be
withdrawing their appeal before the Board of Zoning Appeals tomorrow. Based on the
withdrawal of the appeal, no citizens spoke regarding this matter.
Supervisor Flora inquired whether the Board needed to take any action to
allow the withdrawal of the appeal to occur. Mr. Mahoney advised that the petitioner
has the right to withdraw the appeal before any decision is rendered.
IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCE
1. First 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)
December 16, 2003
1139
Mr. Covey reported that CBI Developers has requested the vacation of an
unused 20 foot water line easement. CBI Developers revised their subdivision
development plans for The Village at Tinker Creek, Section 1, relocating the 20 foot
water line easement to another location to allow a different configuration of some of the
lots. The Department of Community Development and the Utility Department have both
reviewed the submitted plans and approved them for construction. Both departments
have no objection to the vacation of this easement.
Supervisor Flora disclosed that he has a potential conflict of interest in this
matter and will abstain from discussion and voting.
There was no discussion on this item and no citizens were present to
speak regarding this matter.
Supervisor McNamara moved to approve the first reading and set the
second reading for January 13, 2004. The motion carried by the following recorded
vote:
AYES: Supervisors Church, Minnix, Altizer, McNamara
NAYS: None
ABSTAIN: Supervisor Flora
IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
1. Second reading of an ordinance to obtain a special use permit
to construct a 127-foot broadcasting tower on 3.059 acres
located at 6720 Thirlane Road, Catawba Magisterial District,
December 16, 2003
1140
upon the petition of Cellco Partnership (Janet Scheid, Chief
Planner)
DENIAL OF PETITION
O-121603-12
Note: This item was presented prior to the Public Hearing and First
Reading of Ordinance – Village at Tinker Creek.
Ms. Scheid reported that Cellco Partnership (Verizon Wireless) is
requesting a special use permit to construct a proposed 127 foot broadcasting tower.
The applicant has an existing location at Valleypointe which is inadequate for expansion
of their services due to the airport flight path. Other sites were examined but were also
deemed inadequate either because of the airport flight path or because they were
outside of the Verizon service area. The application is unique in that it is also in
conjunction with a manned metropolitan switching station facility which would employ
six people. Typically, broadcast towers are unmanned and in remote locations. Ms.
Scheid stated that due to the applicant’s emphasis on site security, there would not be
any additional leasable space on the tower. The property is approximately 10 feet
below Thirlane Road and the tower height would be approximately 160 feet below the
height of Green Ridge.
Ms. Scheid advised that the broadcast tower is proposed to be
constructed of non-reflective, galvanized steel. The Federal Aviation Administration
(FAA) will require the broadcast tower to be lighted due to the proximity to the airport.
December 16, 2003
1141
The site is not located within a Blue Ridge Parkway view shed. Ms. Scheid stated that
the Planning Commission heard this petition on December 2 and received comments
from citizens expressing concerns about increased traffic on Thirlane Road and the
visibility of the tower from their property. The Planning Commission recommended
approval of the petition with the following six conditions: (1) The site and location of the
broadcast tower shall be in substantial conformity with the concept plan; (2) The
maximum height of the broadcast tower shall be 127 feet; (3) The broadcast tower shall
only be constructed in conjunction with the proposed switching station; (4) The
broadcast tower shall be monopole in design; (5) The lighting shall be in accordance
with the October 8, 2003, FAA approval; (6) Any and all fixed antennas and microwave
dishes shall be light gray in color to match the tower.
Mr. Eric Lewis,6803 Thirlane Road, stated that he has examined articles
written in journals regarding the severity of microwave damage to individuals. He also
voiced concerns about safety and traffic along Thirlane Road. Mr. Lewis presented a
petition opposing the tower signed by residents of Thirlane Road and Connie Drive, as
well as commercial businesses in the area.
Mr. Richard Sayers,representative for Cellco Partnership (Verizon
Wireless), stated that the facility is unique in that Verizon is in need of a regional hub
which will have the capability to connect with other sites and facilities in and outside of
Virginia. The current location at Valleypointe is insufficient to meet the growing needs
of Verizon due to the airport’s flight path and restrictions within the park. Verizon has
December 16, 2003
1142
spent approximately three years searching for additional sites and this site, which is
zoned C-2, was deemed the best available site. Mr. Sayers noted that the 127’ tower is
within Roanoke County’s limitations and is considerably less than Verizon’s normal
tower height of 250 feet. The facility will provide Verizon with the opportunity to
enhance existing coverage, expand and facilitate emergency coordination, provide for
redundancy within the system, and offer the opportunity for future growth. The facility
will be manned by six employees and any traffic impact will be minimal. As previously
mentioned, the tower will be constructed to blend with the surrounding community and
will be used only by Cellco Partnership and its affiliates.
Supervisor Church asked Mr. Sayers to specify why this particular location
is the most beneficial for Verizon Wireless. Mr. Sayers reported that the current location
is not sufficient to provide the needed broad-range coverage and accommodate the
additional equipment; this location will allow Verizon Wireless to establish a regional
hub; it will provide for future growth in terms of facilities and coverage; and it will provide
redundancy of the systems. In response to an inquiry from Supervisor Church, Mr.
Sayers indicated that the current location is in Valleypointe Park.
Supervisor Church requested clarification regarding why the 127 foot
height is needed, and asked if Verizon Wireless would be willing to accept a lower
height restriction. Mr. Sayers stated that the 127 foot height was the height approved
by the FAA and is sufficient to meet the needs of Verizon for the foreseeable future.
December 16, 2003
1143
Mr. Keith Simmons, Senior Performance Engineer for Verizon Wireless,
reported that the 127 foot height is necessary in order to cover the I-581 interchange at
the existing coverage levels and also provide the opportunity to add microwave dishes
onto the tower to communicate with the remainder of Verizon’s network. In response to
an inquiry from Supervisor Church, Mr. Simmons indicated that a switching station is the
“main brain” where all cellular phones communicate. Currently, all cellular phone calls
are switched through a facility in Richmond, Virginia. This facility would allow calls to be
switched locally.
With respect to health concerns, Mr. Simmons reported that the point-to-
point communication microwave system currently in use at Valleypointe is the same
microwave that will be used at the proposed new facility. Verizon will simply be moving
existing equipment to a new location.
Supervisor Church requested that John Chambliss, Assistant County
Administrator, provide background information regarding traffic flow data along Thirlane
Road. Mr. Chambliss reported that the Police Department has received reports in the
past regarding speeding and other traffic concerns on Thirlane Road. Mr. Chambliss
indicated that Sgt. Kincaid would be in touch with community representatives and would
increase surveillance and speed enforcement on Thirlane Road. These problems are
sometimes sporadic and are addressed on an as needed basis. Mr. Chambliss
reported that no information was available to indicate that an increase in traffic would be
anticipated, and it is expected that this will have a minimal impact.
December 16, 2003
1144
Supervisor Church questioned how many employees would be at the
proposed site. Mr. Sayers reported that initially six employees would work at the facility.
Ms. Lisa Allagas, 6828 Thirlane Road, spoke in opposition to the proposed
cell tower in a family community. She stated that just as Verizon spent three years
looking for a site for a new facility, their family spent two years looking for a new home.
She voiced concerns about the health risks of exposure to microwaves including
increased risk of various types of cancer, cardiac, neurological and reproductive health
effects. She stated that residents should not have to trade their health for technological
gains.
Mr. Lewis voiced additional concerns regarding traffic along Thirlane
Road, and stated that no improvements are projected for this narrow, curving road. He
noted that there is barely enough room for two cars to pass on the road, and the road
cannot accommodate any additional traffic.
Ms. Shirley Lewis, 6803 Thirlane Road, stated that she is not opposed to
the appearance of the tower, but voiced concerns about the potential health risks of
exposure to the microwaves. She indicated that there are many elderly citizens and
children in the community.
With respect to proposed health risks, Supervisor Flora questioned what
the difference is between the signal leaving the microwave tower and the signal that is
received on an individual’s cell phone. Mr. Simmons reported that the signal coming
from the microwave tower is aimed directly at another microwave dish and this is called
December 16, 2003
1145
point-to-point communication. It transmits a narrow beam at 6 Ghz. The signal on an
individual’s cell phone is at a lower frequency and signal strength is determined by a
number of different variables. Mr. Simmons noted that the move from Valleypointe to
the new location simply duplicates the existing service. Mr. Simmons did not have
information available to clarify if a risk exists with the microwave tower and whether that
same risk exists for an individual operating a cell phone.
Supervisor Minnix stated that he does not know if the health issue can be
resolved definitely; however, he noted the following concerns: (1) the tower is almost as
high as a twelve story building and will contain multiple dishes; (2) the tower would have
an adverse impact on the surrounding community due to lower property values. He
stated that Roanoke County wants to attract business, but stated that Roanoke County
continues to struggle with towers and their impact on ridgelines. He indicated that he
cannot support this item in its existing form due to the impact on the community.
Supervisor Church noted that the Board is reluctant to disrupt established
neighborhoods. He stated that although he does not agree that the facility will have an
adverse impact on traffic along Thirlane Road, the Board must consider how the
surrounding community will be impacted. He indicated that he was looking for flexibility
on the part of Verizon with regard to the 127 foot height requirement.
Supervisor Church moved to deny the request for a special use permit.
The motion carried by the following recorded vote:
December 16, 2003
1146
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 121603-12 DENYING GRANTING A SPECIAL USE
PERMIT TO CELLCO PARTNERSHIP (VERIZON WIRELESS) TO
CONSTRUCT A 127-FOOT BROADCASTING TOWER ON 3.059
ACRES TO BE LOCATED IN THE 6700 BLOCK OF THIRLANE ROAD
(TAX MAP NO. 37.10-1-4) CATAWBA MAGISTERIAL DISTRICT
WHEREAS, Cellco Partnership (Verizon Wireless) has filed a petition for a
special use permit to construct a 127-foot broadcasting tower on 3.059 acres to be
located in the 6700 block of Thirlane Road (Tax Map No. 37.10-1-4) in the Catawba
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
December 2, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on November 18, 2003; the second reading and public hearing
on this matter was held on December 16, 2003.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
On motion of Supervisor Church to deny the request for a special use permit, and
carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Second reading of an ordinance to obtain a special use permit
to construct a mini warehouse facility on 4.0 acres located in
the 5300 block of Hollins Road, Hollins Magisterial District,
upon the petition of Berk, LLC (Janet Scheid, Chief Planner)
O-121603-13
Ms. Scheid stated that this property is zoned I-2 Industrial and is
designated principal industrial in the Roanoke County Comprehensive Plan. The
petitioner proposes to develop 52,850 square feet of mini warehouses broken into four
December 16, 2003
1147
different groups. Three buildings will run parallel to Hollins Road and one will run
perpendicular to Hollins Road. Approximately 3.3 of the 4.0 acres will be developed
and an access point will be at the northern portion of the property along Hollins Road.
Ms. Scheid indicated that a storm water detention facility is shown on the front of the
property. The plan also shows a 2,500 square foot office/apartment, which is allowed
as an accessory facility for the resident manager of the mini warehouse. Ms. Scheid
reported that the Planning Commission approved this request on December 2 with the
following five conditions: (1) A buffer yard shall be established to the rear of the
property; (2) No off-premise advertising signs shall be constructed on the property; (3) A
minimum 15’ wide riparian buffer shall be designed and installed; (4) 100% of the
developed site and impervious development shall be detained in a stormwater detention
facility; and (5) The buildings shall be neutral in color.
In response to an inquiry from Supervisor Flora, Ms. Scheid clarified that
the property is located between Hollins Road and the railroad and is adjacent to the
existing industry that adjoins Nell Drive.
Mr. Sean Goldsmith, Providence Engineering, spoke as a representative
for Berk, LLC. He stated that his client has already negotiated with VDOT concerning
road widening, and the site is now a 3.2 acre site rather than 4.0 acres. The concept
plan reflects this change. He stated that proposed road improvements have been
considered in the concept plan, and Berk, LLC anticipates installing a deceleration lane
December 16, 2003
1148
as required by VDOT. The site is currently undeveloped and sits between two
developed industrial parcels which are also owned by Berk, LLC.
There were no citizens present to speak on this matter.
Supervisor Flora moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 121603-13 GRANTING A SPECIAL USE PERMIT TO
BERK, LLC TO CONSTRUCT A MINI-WAREHOUSE FACILITY ON 4.0
ACRES TO BE LOCATED IN THE 5300 BLOCK OF HOLLINS ROAD
(TAX MAP NO. 39.05-2-1.1) HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Berk, LLC has filed a petition for a special use permit to construct a
mini-warehouse facility on 4.0 acres to be located in the 5300 block of Hollins Road
(Tax Map No. 39.05-2-1.1) in the Hollins Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this matter on
December 2, 2003; and
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first
reading on this matter on November 18, 2003; the second reading and public hearing
on this matter was held on December 16, 2003.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the Board finds that the granting of a special use permit to Berk, LLC
to construct a mini-warehouse facility on 4.0 acres to be located in the 5300 block of
Hollins Road in the Hollins Magisterial District is substantially in accord with the adopted
2000 Community Plan pursuant to the provisions of Section 15.2-2232 of the 1950
Code of Virginia, as amended, and said special use permit is hereby approved with the
following condition:
(1) A buffer yard shall be established to the rear of the property, utilizing Type
B, Option 2 from the Screening, Landscaping, and Buffer Yards standards.
(2) No off-premise advertising signs shall be constructed on the property.
(3) A minimum 15’ wide riparian buffer shall be designed and installed along
the edge of pavement from the access point to the southern property line. This
buffer shall be between the storm water detention facility and the developed area
December 16, 2003
1149
and will help with storm water quality for this site. This buffer shall be a
combination of groundcover, shrubs, and trees.
(4) 100% of the storm water runoff from the developed site and impervious
surfaces shall be detained in a storm water detention facility. If there is a portion
of the site’s storm water runoff that cannot be detained in a storm water detention
facility, then the applicant shall request written permission from the Roanoke
County Engineering staff to take alternative measures for detention.
(5) The buildings shall be neutral in color.
2. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor Flora to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: SECOND READING OF ORDINANCE
1. Second reading of an ordinance amending the Roanoke
County Code by the amendment of Section 2-7.
“Reimbursement of Expenses Incurred for Emergency
Response.” (Paul Mahoney, County Attorney)
This item was postponed until the January 13, 2004 meeting.
IN RE: NEW BUSINESS
1. Approval of settlement with General Electric and others with
regard to pending litigation, namely Roanoke County vs.
General Electric (Dixie Caverns Landfill). (Paul Mahoney,
County Attorney)
December 16, 2003
1150
A-121603-14
Mr. Mahoney requested the Board’s approval and authorization for the
County Administrator and the County Attorney to execute a settlement agreement to
settle litigation pending in the United States District Court for the Western District of
Virginia, Roanoke County vs. General Electric and others. He noted that this is a long-
standing litigation which began when Roanoke County began to pursue actions against
a variety of other potentially responsible parties arising out of the environmental clean
up at Dixie Caverns Landfill. As part of the settlement agreement, Roanoke County will
receive $390,000 from General Electric, $90,000 payable in three annual installments of
$30,000 each from Virginia Fiberglass Products; and $10,000 from John Hall and
Associates.
Mr. Mahoney advised that staff is requesting that the Board of Supervisors
authorize the County Administrator to execute the settlement agreement on behalf of
Roanoke County, and that he be authorized to take such actions as may be necessary
to conclude the litigation, all upon form approved by the County Attorney. Staff also
recommends that the proceeds be placed in the Board’s unappropriated capital fund for
subsequent appropriation.
There was no discussion on this item.
Supervisor McNamara moved to approve staff recommendation. The
motion carried by the following recorded vote:
December 16, 2003
1151
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Flora:
He bid farewell to Supervisor Minnix and expressed
his pleasure at having the opportunity to work with him. He noted that the Board and
staff will still be able to see Supervisor Minnix through his service on the Western
Virginia Water Authority Board.
Supervisor Minnix:
He expressed his appreciation to the citizens for
allowing him the opportunity to serve as their representative for the past 12 years, and
encouraged them to be active participants in what takes place in their government. He
recognized County staff for the quality of their work, and he expressed appreciation to
Elmer Hodge for his leadership. He voiced his pleasure at having the opportunity to
serve with his fellow Board members, and asked that they continue to be good servants
to the people of Roanoke County.
Supervisor McNamara:
(1) He stated that as Supervisor Minnix had
done throughout his career, he was still giving the credit to others. He expressed
appreciation to Supervisor Minnix for his years of service. (2) He advised that the
Christmas Tree Lighting which was cancelled due to inclement weather this year will be
held again next year, and noted that plans would be in place for an alternative date in
the event that cancellations are necessary due to weather. (3) He expressed
December 16, 2003
1152
appreciation to his fellow Board members and the citizens for having the opportunity to
serve as Chairman in 2003. (4) He wished everyone a safe, happy holiday season.
Supervisor Minnix:
On behalf of the Board, he expressed his
appreciation to Chairman McNamara for his service as Chairman in 2003.
IN RE: ADJOURNMENT
Chairman McNamara adjourned the meeting at 8:25 p.m. until Tuesday,
th
December 30, 2003 at 9:30 a.m., 4 Floor Conference Room, Roanoke County
Administration Center, 5204 Bernard Drive, for the purpose of a joint meeting with
Roanoke City Council concerning the proposed Western Virginia Water Authority.
Submitted by: Approved by:
________________________ ________________________
Diane S. Childers Joseph P. McNamara
Clerk to the Board Chairman