HomeMy WebLinkAbout11/18/2003 - Regular
November 18, 2003
1037
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
November 18, 2003
The Board of Supervisors of Roanoke County, Virginia met this day atthe
Roanoke County Administration Center, this being the third Tuesday and the regularly
scheduled meeting of the month of November, 2003.
IN RE: CALL TO ORDER
Chairman McNamara called the meeting to order at 3:06 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 Dr. Morris Bennett, Woodlawn United
Methodist Church. The Pledge of Allegiance was recited by all present.
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Resolution of appreciation to B. Clayton Goodman, III, for his
10 years of service as Town Manager for the Town of Vinton
November 18, 2003
1038
R-111803-1
Chairman McNamara presented the resolution to Mr. Goodman. Also
participating in the presentation were Supervisor Altizer and Mr. Hodge.
Supervisor Altizer moved to adopt the resolution. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 111803-1 OF APPRECIATION TO B. CLAYTON
GOODMAN, III FOR HIS TEN YEARS OF SERVICE AS TOWN
MANAGER FOR THE TOWN OF VINTON
WHEREAS, B. Clayton Goodman, III has served as Vinton Town Manager
since 1993 and effective December 1, 2003, has been appointed as the Montgomery
County Administrator; and
WHEREAS, prior to becoming the Vinton Town Manager, Mr. Goodman, a
graduate of Virginia Tech, served as Buena Vista City Manager from 1988 to 1993; City
Manager of Austell, Georgia, from 1985 to 1988; Montgomery County Assistant
Administrator from 1981 to 1985; and Administrative Assistant of Fairmont, West
Virginia in 1980; and
WHEREAS, Mr. Goodman, as the Vinton Town Manager, has consistently
worked for the benefit of the Town of Vinton, Roanoke County, and the Roanoke Valley
by supporting economic development projects, tourism, regional cooperation and
innovative concepts; and
WHEREAS, the citizens of Roanoke County and the Town of Vinton have
benefited from Mr. Goodman’s dedication and contributions through his activities and
leadership on the Roanoke Valley Economic Development Partnership, the Fifth
Planning District Regional Alliance, the Roanoke Valley Resource Authority, and the
Roanoke Regional Cable Television Committee; and
WHEREAS, during Mr. Goodman’s service as Vinton Town Manager,
many projects were completed including the gainsharing agreement with Roanoke
County, cooperative fire and rescue efforts, establishment of the Roanoke Valley
Greenway Commission, renovation of downtown Vinton, creation of the Vinton Business
Center; and adoption of a cable television franchise agreement; and
WHEREAS, Mr. Goodman has been a good friend and neighbor to the
citizens of Roanoke County, and his enthusiasm, dedication, and commitment will be
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missed as he moves forward with his new responsibilities for the County of
Montgomery.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, on its own behalf and on behalf of the citizens of Roanoke
B. CLAYTON GOODMAN, III
County, does hereby extend its sincere appreciation to for
ten years of service to the residents of the Town of Vinton and for his dedication to
maintaining the high quality of life for all of the people of the Roanoke Valley; and
FURTHER, BE IT RESOLVED that the Board of Supervisors does hereby extend its
sincere best wishes to Mr. Goodman in his future endeavors as Montgomery County
Administrator.
On motion of Supervisor Altizer to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Proclamation declaring November 16 through 22, 2003 as
"American Education Week" in the County of Roanoke
Chairman McNamara presented the proclamation to Allyn Mitchell,
Northside High School. Also present was Dr. Linda Weber, Superintendent.
3. Recognition of the Utility Department for receiving the 2002
Water Fluoridation Quality Award for Spring Hollow Water
Treatment Facility from the United States Center for Disease
Control and Prevention
Ron Conner, Regional Field Director of the Virginia Department of
Health’s Lexington Environmental Engineering Field Office, presented the award to
Gary Robertson and the following Utility Department staff representatives: Jeff Booth,
Water Production Supervisor, and Toby Wiseman, Lab Supervisor.
IN RE: BRIEFINGS
November 18, 2003
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1. Briefing regarding the 2002-2003 Annual Review of the Roanoke
Valley Convention and Visitor's Bureau. (David Kjolhede,
Executive Director of the Roanoke Valley Convention and Visitor's
Bureau)
Mr. Kjolhede advised that the Convention and Visitor’s Bureau (CVB)
budget for fiscal year 2002-2003 was $1.2 million. During this time period, $77,932,000
total direct spending revenue was realized for the Roanoke Valley as a result of the
CVB’s programs. The estimated direct spending for the following areas was reported:
convention sales - $17,499,520; sports marketing - $8,622,500; conventions hosted -
$33,726,100; and motorcoach marketing - $1,179,903. Staff is currently working to
bring the Outdoor Writers of America Association to the Valley in 2007. Mr. Kjolhede
reported that the ad placement budget was significantly impacted by a mid-year
reduction in matching funds from the state. He also advised that the golf package
program generated $152,556 in total revenue.
2. Briefing regarding the Citizens Advantage System. (Anne Marie
Green, Director of General Services)
Ms. Green stated that the Citizens Advantage System (CASY), formerly
known as the Citizens Inquiry System, has been operational for almost two years.
During that time, over 71,000 calls have been entered into the system and successfully
resolved. Effective December 15, the internet component of the software which allows
citizens to directly input their own issues, questions and concerns, will be implemented.
November 18, 2003
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Ms. Green advised that the internet component is user friendly and will be
accessed through the County’s website. Citizens will see a web submission form
through which they can enter an issue, which will then be sent to the appropriate
department as set up in the software database. Citizens will receive an inquiry number
which can be used by them for follow up if necessary, and will also receive emailed
information on the final resolution of the problem. The system will be available to
citizens 24 hours a day, seven days a week. Staff will be providing information to the
public regarding availability of the system through RVTV Channel 3, the County’s
website, and a brochure which will be available at various County locations.
IN RE: NEW BUSINESS
1. Request to approve the transfer of funds in the amount of
$245,000 from the Center for Research and Technology (CRT)
capital fund account to the Roanoke County Industrial
Development Authority (IDA) for the purpose of purchasing a 25
acre parcel known as Tax Map No. 63.00-01-01,B. (Doug Chittum,
Director of Economic Development)
A-111803-2
Mr. Chittum reported that the parcel is located on Prunty Drive and is
adjacent to the County owned Center for Research and Technology (CRT). In an effort
to purchase property that is strategically located near the CRT, the Industrial
Development Authority (IDA) has entered into a purchase contract with the current
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owner in the amount of $500,000. The IDA is conducting soil borings and a Phase I
environmental report to ensure acceptability of the property. Closing is set on or about
December 1, 2003. The IDA currently has funds in the amount of $260,000 that were
realized from the sale of the Valley Gateway shell building in September 2003;
therefore, additional funds are needed to purchase the additional acreage. Mr. Chittum
indicated that the current balance in the capital account is approximately $1.3 million.
CRT is currently undergoing approximately $600,000 in improvements which include
grading and building of a regional detention basin. This would leave a balance of
$700,000, of which $245,000 would be utilized for this project. The remaining balance
would be approximately $455,000 for future improvements.
In response to an inquiry from Supervisor McNamara, Mr. Chittum advised
that Roanoke County contributes approximately $700,000 - $800,000 to the capital
account each year.
Supervisor Church moved to approve staff recommendation, approve the
transfer of $245,000 from the CRT capital fund account to the Roanoke County
Industrial Development Authority. The motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Request to authorize the County Administrator to execute a
performance agreement between the Town of Vinton, County of
Roanoke, the Roanoke County Industrial Development Authority,
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and Cardinal IG Company. (Doug Chittum, Director of Economic
Development)
A-111803-3
Mr. Chittum reported that Cardinal IG, a major supplier to Integrity
Windows, is constructing a new 220,000 square foot production facility. This project
represents a $23.9 million investment and will create 200 jobs within the first three years
of operation. The Town of Vinton and Roanoke County have partnered on the
development of the Business Center and will share new tax revenues per a gainsharing
agreement between the two jurisdictions. The general parameters of the incentives
include the following: $300,000 in Governor’s Opportunity Fund incentives; $125,000 in
workforce services training funds from the state; and the Town of Vinton is constructing
the new road, water, and sewer into the site. Roanoke County previously appropriated
$500,000 to the development of the Vinton Business Center.
Supervisor Altizer moved to approve staff recommendation, authorize the
execution of a performance agreement between Roanoke County, the Roanoke County
Industrial Development Authority, the Town of Vinton, and Cardinal IG Company. The
motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
3. Request to approve the issuance of revenue bonds by the
Industrial Development Authority of Roanoke County in an
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aggregate amount not to exceed $57,500,000 for the benefit of The
Glebe, Inc. (Diane D. Hyatt, Chief Financial Officer)
R-111803-4
Ms. Hyatt advised that The Glebe, Inc. would like to finance the
acquisition, construction, equipping and furnishing of an approximately 350,000 square
foot facility for the residence and care of the aged to be known as The Glebe, to be
owned and operated by the corporation or its related entity, Virginia Baptist Homes, Inc,
and situated on an approximately 65-acre site located in Botetourt County, Virginia.
The Glebe would like to issue up to $57.5 million of tax-exempt bonds for
this project. The Glebe is a 501(c)(3) corporation, and can only issue tax-exempt bonds
through an Industrial Development Authority (IDA). Botetourt County IDA can
accommodate this issue if they sell the bonds in 2003. If, however, the bond sale does
not occur until 2004, it becomes problematic for Botetourt County because they are
planning to issue bank-qualified debt that year. Ms. Hyatt stated that in order to issue
bank qualified debt, a locality must issue not more than $10 million in a calendar year.
Roanoke County typically issues over $10 million in debt every year. She advised that
Roanoke County has already issued over $10 million in 2003, and plans to issue more
than $10 million in debt in 2004. Therefore, the County does not plan to use bank
qualified debt in either year, and the issuance of the Glebe IDA bonds will not adversely
affect the County.
November 18, 2003
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In response to an inquiry from Supervisor Flora, Ms. Hyatt advised that the
IDA does not receive a fee for issuing the bonds; they do, however, recover the
expenses related to the transaction. They charge a minimal annual fee to cover their
legal and auditing expenses related to that issue. She also indicated that there is no
charge for an origination fee.
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 111803-4 OF THE BOARD OF SUPERVISORS OF
ROANOKE COUNTY, VIRGINIA APPROVING THE ISSUANCE OF
REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF ROANOKE COUNTY VIRGINIA, IN AN AGGREGATE AMOUNT NOT
TO EXCEED $57,500,000 FOR THE BENEFIT OF THE GLEBE, INC.
WHEREAS,
The Glebe, Inc. (the “Corporation”), a not-for-profit Virginia nonstock
corporation, has requested the Industrial Development Authority of Roanoke County,
Virginia (the “Authority”), to issue its revenue bonds, in one or more series from time to
time, in an amount not to exceed $57,500,000 (the “Bonds”) pursuant to the Industrial
Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950,
as amended (the “Act”), and the Authority on October 22, 2003, adopted an inducement
resolution with respect to the issuance of the Bonds; and
WHEREAS,
the proceeds of the Bonds will be used to finance the acquisition,
construction, equipping and furnishing of an approximately 350,000 square foot facility
and related single family cottages for the residence and care of the aged located in
Botetourt County, Virginia (the “Project”); and
WHEREAS
, the Project includes, but is not limited to, the construction and
equipping of approximately 133 independent living apartments, 19 single family
cottages, a 32-bed private room nursing home, a 32-unit assisted living facility and
community center space; and
WHEREAS,
the Authority on November 6, 2003, has held a public hearing on the
issuance of the Bonds and the Authority has recommended that the Board of
Supervisors (the “Board”) of Roanoke County, Virginia (the “County”) approve the
November 18, 2003
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issuance of the Bonds to comply with the Act and Section 147(f) of the Internal Revenue
of 1986, as amended (the “Code”); and
WHEREAS,
a copy of the Authority’s resolution of November 6, 2003,
recommending the issuance of the Bonds, a record of the public hearing and a fiscal
impact statement with respect to the issuance of the Bonds have been filed with the
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF ROANOKE COUNTY, VIRGINIA:
1. That the Board hereby approves the issuance of the Bonds by the
Authority to the extent required by Section 147(f) of the Code and the Act.
2. That the approval of the issuance of the Bonds does not constitute an
endorsement of the Bonds or the creditworthiness of the Corporation or an
endorsement of the Project, to a prospective purchaser of the Bonds. As required by
the Act, the Bonds shall provide that neither the County nor the Authority shall be
obligated to pay the Bonds or the interest thereon or other costs incident thereto, and
neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the
County or the Authority shall be pledged thereto.
3. That the County, including its elected representatives, officers, employees,
and agents shall not be liable and hereby disclaims all liability for any losses of the
Corporation or for damages to the facilities of the Corporation, including the Project,
direct or consequential, resulting from the Authority’s failure for any reason to act.
4. That this Resolution shall take effect on and after November 18, 2003.
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
4. Resolution adopting a legislative program for the 2004 session of
the Virginia General Assembly, and petitioning the General
Assembly to favorably consider the topics and issues addressed
therein. (Paul Mahoney, County Attorney)
R-111803-5
Mr. Mahoney reported that on October 28, a work session was held to
consider legislative initiatives to be adopted as part of the 2004 legislative program for
the Virginia General Assembly. The resolution reflects the discussions held at the work
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session, and Mr. Mahoney noted two minor changes: (1) Page 3, Item 9: addition of an
amendment to the State Code that would allow the Board to adopt a local ordinance
that would impose a processing fee on civil and traffic proceedings. These revenues
would be used to support a criminal justice training academy, which might possibly be a
joint effort with the City of Roanoke. (2) Page 2, Item 8: addition of the phrase “or a
state surcharge on water usage”. Mr. Mahoney advised that a variety of proposals are
being developed by different legislative committees, and it is anticipated that the
Governor may add a surcharge at the state level on all water transactions by public
utilities. Mr. Mahoney stated that he anticipates this would have a negative impact on
Roanoke County citizens, and therefore he is recommending that the Board consider
opposing such initiatives by the Governor and the General Assembly.
Mr. Mahoney advised that Item 1, proposal to amend the County Charter
to authorize Roanoke County to adopt a local ordinance to levy and collect taxes on
cigarette and tobacco products, is the most difficult. At the October 28 meeting, a public
hearing was held and the Board approved this proposed amendment to the charter. At
this time, a patron is needed for the legislation and Mr. Mahoney requested the Board’s
assistance in this regard. Mr. Mahoney advised that the Joint Rules Committee has
adopted a calendar regarding the introduction of bills, and he reported the following
important dates: (1) charter amendment bills must be submitted on January 14 (the first
day of the session); (2) all bills must be filed no later than January 23; (3) VML/VACo
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Legislative Day is February 12; (4) crossover day is February 17; (5) the General
Assembly adjourns on March 13; and (6) the veto session will be April 21.
In response to an inquiry from Supervisor Church, Mr. Mahoney stated
that in Item 4, the fee was only increased to $250 rather than $1,000 because the state
enabling legislation limits the flat fee to $100. He advised that he is aware of several
other localities that are planning to recommend that this fee be increased to $250, and
he suggested using this same amount in Roanoke County’s request in order to build
strength through an alliance with other localities. Supervisor Church indicated that the
minimum fee should be $500.
Supervisor McNamara moved to adopt the resolution. Supervisor Church
requested that Item 4 in the resolution be amended to read as follows: “Support
amending Sec. 15.2-1716 (reimbursement of expenses, DUI incidents) to increase the
flat fee from $100 to $250 $500, and to assess this fee as part of the court costs in the
criminal/traffic proceedings.” The amended motion carried by the following recorded
vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 111803-5 ADOPTING A LEGISLATIVE PROGRAM FOR
THE 2004 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND
PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY
CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN
November 18, 2003
1049
WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified
major legislative issues of state-wide concern to be considered by the 2004 session of
the Virginia General Assembly; and
WHEREAS, the Board adopts this resolution as its Legislative Program for the
2004 session of the Virginia General Assembly.
NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke
County, Virginia, that the following legislative initiatives are submitted for its legislative
program for the 2004 session of the Virginia General Assembly for its favorable
consideration and adoption.
1) Approve an amendment to the Roanoke County Charter as follows:
Sec. 2.02 - Taxing powers. - In addition to the powers granted by other sections
of the charter and general law, the county shall have the additional power to levy and
collect taxes on cigarettes and tobacco products, pursuant to Section 58.1-3832 of the
Code of Virginia.
2) Support the JLARC recommendations to address the shortfall in state
funding for K-12 education and to fully fund the state Board of Education proposals.
The estimated annual cost of funding both the JLARC recommendations and Board of
Education proposals is $870 Million.
3) Support tax restructuring that grants localities additional revenue authority
and increases local revenue diversification.
4) Support amending Sec. 15.2-1716 (reimbursement of expenses, DUI
incidents) to increase the flat fee from $100 to $500, and to assess this fee as part of
the court costs in the criminal/traffic proceedings.
5) Support additional state funding for transportation, and in particular,
funding for improvements to I-81.
6) Support legislation that would fund the Smart Road project from statewide
funds instead of from the Salem District. This project represents an economic benefit
to the entire Commonwealth, therefore funding should not come solely from this region’s
highway allocation.
7) Oppose revisions to a merged state/local telecommunications tax that
would be collected by the state and redistributed back to localities; oppose
telecommunications tax reform that is not part of a comprehensive tax restructuring
program; oppose efforts to reduce the amount or control of local governments over the
E-911 tax.
8) Oppose the proposal to impose a state surcharge on tipping fees for each
ton of solid waste received by any municipal solid waste disposal facility, or a state
surcharge on water usage.
9) Support amending Section 9.1-106 to allow Roanoke County to charge a
processing fee in criminal or traffic proceedings to support a criminal justice training
academy.
II.
November 18, 2003
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That the Clerk to the Board of Supervisors is directed to send a certified copy of
this resolution to Senator John S. Edwards, Senator Brandon Bell, Delegate H. Morgan
Griffith, Delegate Onzlee Ware, Delegate William Fralin; Mary F. Parker, Roanoke City
Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City
Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of
the Vinton Town Council and the Roanoke Valley-Alleghany Regional Commission, and
the Virginia Association of Counties.
On motion of Supervisor McNamara to adopt the resolution as amended: Page 2,
Item 4, “Support amending Sec. 15.2-1716 (reimbursement of expenses, DUI incidents)
to increase the flat fee from $100 to $250 $500, and to assess this fee as part of the
court costs in the criminal/traffic proceedings. The motion carried by the following
recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF
REZONING ORDINANCES - CONSENT AGENDA
Supervisor McNamara moved to approve first readings and set the second
readings and public hearings for December 16, 2003. The motion carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
1. First reading of an ordinance to obtain a special use permit to
operate a telecommunication facility and broadcasting tower on
3.059 acres located at 6720 Thirlane Road, Catawba Magisterial
District, upon the petition of Cellco Partnership.
2. First reading of an ordinance to obtain a special use permit to
construct a mini warehouse facility on 4.0 acres located in the
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5300 Block of Hollins Road, Hollins Magisterial District, upon the
petition of Berk, LLC.
IN RE: APPOINTMENTS
1. Roanoke County Planning Commission (Appointed by District)
Supervisor Flora nominated Gary Jarrell, Hollins District, to serve a four-
year term which will expire on December 31, 2007.
IN RE: CONSENT AGENDA
R-111803-6; R-111803-6.d; R-111803-6.e
Supervisor Minnix moved to adopt the consent resolution. The motion
carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 111803-6 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
November 18, 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 8, inclusive, as follows:
1. Approval of minutes - October 17, 2003
2. Request from schools to accept and appropriate student achievement grant
funds in the amount of $12,179 for fiscal year 2004
3. Request from schools to appropriate funds in the amount of $115,397 for
student laptop fees
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1052
4. Request from schools to accept and appropriate drug-free communities grant
in the amount of $99,956 from the Office of Juvenile Justice and Delinquency
Prevention
5. Request to accept Roselawn Court into the State Secondary System
6. Resolution authorizing the application, acceptance and appropriation of
grants in the amount of $227,527 from the Office of Domestic Preparedness
State Homeland Security Grant Program for the cost associated with
terrorism related preparedness and response
7. Request to accept and appropriate Section 5311 grant monies totaling
$122,888 from the Virginia Department of Rail and Public Transportation on
behalf of Unified Human Transportation Services Inc. for the CORTRAN
Program
8. Request to approve the donation of certain real estate for entrance
improvements to the Vinton Business Center from Charles Dewey Mitchell,
Vinton Magisterial District
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 Minnix to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
RESOLUTION 111803-6.d REQUESTING ACCEPTANCE OF
ROSELAWN COURT INTO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SECONDARY SYSTEM
WHEREAS, the street 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
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
November 18, 2003
1053
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 Flora, Church, Minnix, Altizer, McNamara
Nays:
None
RESOLUTION 111803-6.e DESIGNATING THE APPLICANTS AGENT,
THE ACCEPTANCE OF THE GRANT AND APPROPRIATION OF
GRANT MONIES
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that
Elmer Hodge, County Administrator or his designee, is hereby authorized to execute for
and in behalf of the Roanoke County, a public entity established under the laws of the
State of Virginia, this application and to file it in the appropriate State Office for the
purpose of obtaining certain Federal financial assistance under the ODP, State
Homeland Security Grant Program(s), administered by the Commonwealth of Virginia.
That, the Roanoke County, a public entity established under the laws of the
Commonwealth of Virginia, hereby authorizes it agent to provide to the Commonwealth
and to the Office of Domestic Preparedness (ODP) for all matters pertaining to such
Federal financial assistance any and all information pertaining to these Grants as may
be requested.
FURTHER, the Board of Supervisors of Roanoke County authorizes the
acceptance of said grant monies in the amount of $227.527.00 and authorizes the
appropriation of said monies for the purposes authorized in the grant application.
On motion of Supervisor Minnix to adopt this resolution and passed and
th
approved this 18 day of November, 2003 by the following vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: REQUESTS FOR WORK SESSIONS
1. Request to schedule joint work session with the Planning
Commission on December 16, 2003, for the purpose of discussing
the Comprehensive Plan. (Elmer C. Hodge, County Administrator)
November 18, 2003
1054
It was the consensus of the Board to schedule the work session on
December 16, 2003.
Supervisor Altizer requested that a work session be scheduled on
December 2, 2003, to discuss remote control operation of locomotives. It was the
consensus of the Board to schedule the work session on December 2.
IN RE: REPORTS
Supervisor Minnix 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
5. Statement of Treasurer’s accountability per investment and
portfolio policy as of October 31, 2003
IN RE: CLOSED MEETING
At 4:31 p.m., Supervisor McNamara moved to go into closed meeting
following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (30) to
discuss the terms and scope of a contract with the City of Roanoke for the creation of
the Western Virginia Water Authority, where discussion in open session would affect the
November 18, 2003
1055
bargaining position or negotiating strategy of the County. The motion carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
th
IN RE: WORK SESSIONS – 4 Floor Conference Room
1. Work session to discuss the six-year secondary system
construction plan for fiscal years 2004-2010 and review of the
revenue sharing priority list for fiscal year 2004-2005. (Arnold
Covey, Director of Community Development)
The work session was held from 4:41 p.m. until 5:10 p.m. Roanoke
County staff present included: Arnold Covey and Anthony Ford. VDOT staff present
included: Jeff Echols and Bill Manning. Planning Commission members present: Don
Witt, Al Thomason, Steve Azar, Martha Hooker, and Tom Ross.
Mr. Covey advised that the following numbered projects are included in
the six-year secondary construction plan for fiscal years 2004-2010: #0 - King Brothers
Road, #1 - Hollins Road, #2 - McVitty Road, #3 - Old Cave Spring Road, #4 - Colonial
Avenue, #5 - Buck Mountain Road, #6 – Cotton Hill Road, #7 – Mountain View Road, #8
– Boones Chapel Road, #9 – Catawba Creek Road, #10 – Dry Hollow Road, #11 –
Merriman Road, #12 – John Richardson Road, #17 – Rocky Road.
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The allocation for incidental construction in Roanoke County is $330,000,
of which approximately $153,500 is appropriated to rural road additions. There are
currently 23 projects on the rural addition priority list.
Mr. Covey reported that the Commonwealth of Virginia provides $15
million for the state revenue sharing matching program, with a maximum allocation of
$500,000 per locality. Most of the revenue sharing projects involve street maintenance
or re-paving.
It was the consensus of the Board to schedule a public hearing for
December 16, 2003, regarding approval of the six-year secondary construction plan and
revenue sharing program.
2. Work session to discuss proposed revisions to the solid waste
ordinance. (Anne Marie Green, Director of General Services)
The work session was held from 5:17 p.m. until 5:50 p.m. Ms. Green
reviewed the current solid waste ordinance and provided recommendations for changes
in some of the provisions. The following suggestions were made by the Board for
inclusion in the proposed revisions: (1) establish standards regarding public roads (i.e.,
minimum road width, adequate turnaround, all-weather road, safety factors); (2)
develop an appeal process for citizens to follow if it is determined that a private road
does not provide safe access for County refuse collection vehicles; (3) it was the
consensus of the Board that a requirement to bag all refuse would be difficult to enforce,
and this issue should be handled through a public information campaign encouraging
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1057
bagging of waste; (4) it was the consensus of the Board that the provision requiring that
trash cans be removed from the curb following collection should allow the citizens to
have until 7:00 a.m. the day following trash collection, not 7:00 p.m. on the date of
collection, as recommended.
IN RE: ABSENCE
Supervisor Minnix left the meeting at 5:00 p.m. and returned at 6:10 p.m.
IN RE: CLOSED MEETING
The closed meeting was held from 6:00 p.m. until 6:40 p.m.
IN RE: CERTIFICATION RESOLUTION
R-111803-7
At 7:03 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
RESOLUTION 111803-7 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:
November 18, 2003
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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 McNamara to adopt the resolution, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
Chairman McNamara recognized two boy scouts, Nick and Lucas, who
were present at the meeting
IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. Second reading of an ordinance to rezone .81 acres from R-1 Low
Density Residential District to C-1 Office District with conditions
in order to operate a general office, located at 2415 Electric Road,
Windsor Hills Magisterial District, upon the petition of Jeffrey
Glick. (Janet Scheid, Chief Planner)
O-111803-8
Ms. Scheid reported that the purpose of the rezoning is to convert the
existing two story house on the property into a general office. The existing building
would be utilized and no new structures are planned. Ms. Scheid stated that VDOT has
reviewed the proposal and has preliminarily determined that there is adequate site
distance, although a right-hand turn lane will probably be required for the site. She also
indicated that the site contains two creeks which have been prone to flooding, as
November 18, 2003
1059
recently as this spring and past winter. It is not, at this point, identified on the Federal
Emergency Management Association (FEMA) floodplain maps. The Planning
Commission approved the request with a vote of 4-0 with two conditions: (1) the
development of the site shall be in substantial conformity to the Concept Plan provided
to the Planning Commission on November 4, 2003; and (2) use shall be limited to
general office.
There were no citizens present to speak on this matter and there was no
discussion.
Supervisor McNamara moved to adopt the ordinance with conditions. The
motion carried by the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 111803-8 TO CHANGE THE ZONING
CLASSIFICATION OF A .81-ACRE TRACT OF REAL
ESTATE LOCATED AT 2415 ELECTRIC ROAD (TAX MAP
NO. 76.11-3-77) IN THE WINDSOR HILLS MAGISTERIAL
DISTRICT FROM THE ZONING CLASSIFICATION OF R-1
TO THE ZONING CLASSIFICATION OF C-1 WITH
CONDITIONS UPON THE APPLICATION OF JEFFREY
GLICK
WHEREAS, the first reading of this ordinance was held on October 28, 2003, and
the second reading and public hearing were held November 18, 2003; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on November 4, 2003; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
November 18, 2003
1060
1. That the zoning classification of a certain tract of real estate containing
.81-acre, as described herein, and located at 2415 Electric Road (Tax Map Number
76.11-3-77) in the Windsor Hills Magisterial District, is hereby changed from the zoning
classification of R-1, Low Density Residential District, to the zoning classification of C-
1, Office District, with conditions.
2. That this action is taken upon the application of Jeffrey Glick.
3. That the owner of the property has voluntarily proffered in writing the
following conditions which the Board of Supervisors of Roanoke County, Virginia,
hereby accepts:
(1) Development of the site shall be in substantial conformity to the
Concept Plan provided to the Planning Commission, dated November 4, 2003,
attached hereto as Exhibit A.
(2) Use shall be limited to general office.
4. That said real estate is more fully described as follows:
BEGINNING at a point in the Cave Spring Road (VA Route 419) at about one
mile northwest of Cave Spring the northeast corner of the property of J. T.
Engleby (formerly Charlotte Temple property); thence with the northerly line of
the Engleby property S. 53° 43’ W. passing an iron pipe at 19 feet and following
the existing boundary line fence, in all a total distance of 392.4 feet to a point in
the centerline of a branch; thence up said branch, N. 50° 24’ W. 115.49 feet to a
point; thence leaving said branch and with a new division line through and across
the property of Margie C. Wilson, N. 53° 43’ E. 434.06 feet to a point in the
Salem-Cave Spring Road; thence along said road, S. 29° 25’ 30” E. 112.81 feet
to the Place of Beginning, containing 1.06 acres, more or less, as shown on plat
prepared by C. B. Malcolm, SCE, dated April 12, 1934.
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed
to amend the zoning district map to reflect the change in zoning classification authorized
by this ordinance.
On motion of Supervisor McNamara to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
2. Second reading of an ordinance to rezone 1.88 acres from I-2
Industrial District to AR Agricultural/Residential District in order
to construct single family dwellings, located on Eagle Crest Drive,
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1061
Cave Spring Magisterial District, upon the petition of Buck
Mountain Land, LLC. (Janet Scheid, Chief Planner)
O-111803-9
Ms. Scheid advised that several years ago, the majority of this piece of
property was rezoned for the residential subdivision Hidden Ridge. At that time, Buck
Mountain Land was still conducting business on this one portion of the site and they
wanted to retain the right to conduct the business on this 1.88 acre parcel. They are
now ready to close the business and would like to develop the parcel as residential, and
are requesting the rezoning from I-2 to AR. The Planning Commission had no concerns
about this request, and voted to approve the request 4-0.
There were no citizens present to speak on this matter.
In response to a question from Supervisor Minnix, Ms. Scheid reported
that there were no proffers associated with this rezoning request. She also advised that
they will be using County water at the site.
Supervisor Minnix moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 111803-9 TO CHANGE THE ZONING
CLASSIFICATION OF A 1.88-ACRE TRACT OF REAL
ESTATE LOCATED ON EAGLE CREST DRIVE (PART OF
TAX MAP NOS.98.01-3-99, 27, 31) IN THE CAVE SPRING
MAGISTERIAL DISTRICT FROM THE ZONING
CLASSIFICATION OF I-2 TO THE ZONING
November 18, 2003
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CLASSIFICATION OF AR UPON THE APPLICATION OF
BUCK MOUNTAIN LAND, LLC
WHEREAS, the first reading of this ordinance was held on October 28, 2003, and
the second reading and public hearing were held November 18, 2003; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on November 4, 2003; and
WHEREAS, legal notice and advertisement has been provided as required by
law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing
1.88-acres, as described herein, and located on Eagle Crest Drive (Part of Tax Map
Numbers 98.01-3-99, 27, 31) in the Cave Spring Magisterial District, is hereby changed
from the zoning classification of I-2, Industrial District, to the zoning classification of AR,
Agricultural/Residential District.
2. That this action is taken upon the application of Buck Mountain Land, LLC.
3. That said real estate is more fully described as follows:
BEGINNING at Point A, thence S. 64° 14’ 01” E. 110.00 feet to Point B; thence
S. 44° 56’ 31” E. 161.18 feet to Point C; thence S. 48° 46’ 25” W. 235.00 feet to
Point D; thence S. 62° 38’ 50” W. 103.68 feet to Point E; thence N. 39° 49’ 53”
W. 237.30 feet to Point F; thence N. 48° 46’ 25” E. 276.44 feet to Point A, the
Place of Beginning, and containing 1.88 acres, more or less, as shown on a plat
prepared by Lumsden Associates, P.C. dated September 19, 2003, and attached
hereto as Exhibit A.
4. 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 Minnix to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
3. Second reading of an ordinance authorizing the donation of
surplus real estate, Tax Map No. 60.16-09-10, East Cleveland
Avenue, Vinton Magisterial District, to Habitat for Humanity.
(Elmer C. Hodge, County Administrator)
November 18, 2003
1063
O-111803-10
Mr. Hodge reported that this ordinance will donate surplus real estate to
Habitat for Humanity for the construction of a home. The lot is adjacent to Roland E.
Cook School in Vinton and was declared surplus by the Roanoke County School Board
at their meeting on October 9, 2003. The Town of Vinton has been supportive of the
project, and Supervisor Altizer has been in contact with citizens in the community.
Three citizens attended a recent community meeting to discuss the donation and
responses were favorable. Mr. Hodge advised that Karen Mason, Executive Director,
and Tom Dalzell, Project Manager, of Habitat for Humanity were present at the meeting.
There were no citizens present to speak on this matter and there was no
discussion.
Supervisor Altizer moved to adopt the ordinance. The motion carried by
the following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
ORDINANCE 111803-10 DECLARING A PARCEL OF REAL ESTATE
TO BE SURPLUS AND DONATING SAME TO HABITAT FOR
HUMANITY, NAMELY PROPERTY LOCATED ON EAST CLEVELAND
AVENUE (TAX MAP NO. 60.16-9-10)
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject property, having been made available for other public
uses before permitting disposition by sale or donation, is hereby declared to be surplus;
and
November 18, 2003
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2. That a public notice regarding the donation of this surplus real estate was
advertised in the Roanoke Times & World News on November 4 and November 11,
2003; and
3. That pursuant to the provisions of Section 18.04 of the Charter of
Roanoke County, a first reading of this ordinance was held on October 28, 2003, and
the second reading and public hearing were held on November 18, 2003, concerning
the donation to Habitat for Humanity of the following parcel of real estate identified as:
Tax Map No. 60.16-9-10
4. That the County Administrator or any Assistant County Administrator is
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County as are necessary to accomplish the conveyance of said property, all of
which will be on form approved by the County Attorney.
5. That this ordinance will be effective on and from the date of its adoption.
On motion of Supervisor Altizer to adopt the ordinance, and carried by the
following recorded vote:
AYES: Supervisors Flora, Church, Minnix, Altizer, McNamara
NAYS: None
IN RE: CITIZENS COMMENTS AND COMMUNICATIONS
Mr. Francis H. Wilson, 2049 Surrey Lane: He spoke regarding the
following issues: (1) He requested a traffic signal at West Ruritan Road and Route 460.
It was the consensus of the Board that staff should request a traffic study from VDOT
regarding this matter. (2) He encouraged the Board to find a way to provide tax relief
for senior citizens by utilizing more creative methods to increase tax revenues (i.e., the
off-track betting which was recently approved in the Town of Vinton). (3) He advised
that he feels Roanoke County’s ordinance pertaining to fencing should include a
provision that states if a fence is to equal or exceed 6’, it must first be approved by the
adjoining property owners.
Ms. Annie Krochalis, 9428 Patterson Drive: She spoke regarding the
following issues: (1) She requested that the recent announcement of an $11 million
November 18, 2003
1065
surplus be used to provide staffing at the Catawba and Bent Mountain fire stations. (2)
She provided an update to the Board regarding support for a rail solution to provide
inter-modal methods of freight transportation. (3) She expressed appreciation on behalf
of the Bent Mountain Civic League to the Board members who participated in their
recent legislative forum.
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor Church: (1) He advised that he has a neighbor who
wants to build a 2’ x 3’ stoop on the front of their home. He asked Ms. Scheid, Chief
Planner, if this could be accomplished without having to go to the Board of Zoning
Appeals (BZA). Ms. Scheid stated that the current laws do not allow waiving of this
requirement and noted that in this instance, the proposed addition violates the 30’
setback requirement. At the request of Supervisor Church, staff is to review these
requirements for possible modification in the future. (2) He requested that Mr. Hodge
have staff evaluate the Montclair Estates swimming pool area in light of recent
complaints.
Supervisor Minnix: (1) He cautioned the Board to be diligent and wise in
spending the $11 million surplus. He noted that additional funding requests will be
received from other areas, and advised against spending one-time monies for recurring
expenses. (2) He commended Chairman McNamara for an excellent job with this
morning’s State of the County Address, and thanked him for the kind words he
expressed about him at the meeting.
November 18, 2003
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Supervisor Flora: (1) He voiced his support for a traffic signal at either
East Ruritan Road or West Ruritan Road. He also requested that staff have VDOT
evaluate the speed limit in this area. (2) He concurred with Supervisor Minnix’s remarks
regarding not spending the $11 million for recurring expenses. (3) He commended
Chairman McNamara for his outstanding job on the State of the County Address.
Supervisor McNamara: (1) He extended his thanks to the Board members
for their support at the State of the County Address. (2) He advised that the Board has
not made a practice of using one-time monies to fund ongoing expenses, and noted that
the State of Virginia is currently working to resolve budgeting problems that were the
result of this type of practice. (3) He stated that it has been a great pleasure to serve as
Chairman during 2003. He noted that the State of the County Address will be re-
broadcast on RVTV Channel 3 each Wednesday during the month of December at 9:00
a.m. and 6:00 p.m.
Mr. Hodge: (1) He thanked Ms. Krochalis for her comments and noted
that she is always working hard for the benefit of the Fire and Rescue personnel. He
advised that the recently hired additional firefighters will graduate on January 7, 2004,
and will be in place at the Catawba, Hollins, and Mason’s Cove fire stations in mid to
late January 2004.
November 18, 2003
1067
IN RE: ADJOURNMENT
Chairman McNamara adjourned the meeting at 7:48 p.m. until
Wednesday, November 19, 2003 at 9:30 a.m., Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, Roanoke, Virginia, 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
November 18, 2003
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