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10/28/2014 - RegularOctober 28, 2014 719 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of October 2013. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. IN RE: OPENING CEREMONIES Before the meeting was called to order a moment of silence was observed. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph P. McNamara, Supervisors Al Bedrosian, Joseph B. "Butch" Church, Charlotte A. Moore and P. Jason Peters MEMBERS ABSENT: None STAFF PRESENT: Daniel R. O'Donnell, Interim County Administrator; Richard Caywood, Assistant County Administrator; Paul M. Mahoney, County Attorney; Amy Whittaker, Public Information Officer and Deborah C. Jacks, Deputy Clerk to the Board IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Supervisor Peters requested the Board add a work session to today's agenda concerning the potential bids for the surplus at William Byrd. Supervisor Church asked Mr. O'Donnell if he was ready for this. There was no further discussion. This work session was carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara 720 October 28, 2014 NAYS: None Supervisor Bedrosian recognized John Freeland, who is doing his Scout merit badge. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS Proclamation recognizing November 2014 as National Adoption Month and November 22, 2014, as National Adoption Day in the County of Roanoke (Joyce Earl, Director of Social Services) The Deputy Clerk read the proclamation were Joyce Earl, Director of Family Services Specialist. Ms. Brabham Day. All Supervisors offered their thanks. N RE: NEW BUSINESS proclamation. In attendance for this Social Services and Shannon Brabham, outlined the agenda for National Adoption Resolution granting an "undue hardship waiver" under Section 13-23 of the Roanoke County Code to the provisions of the County's Noise Ordinance, Article II. "NOISE" of Chapter 13. "Offenses -Miscellaneous" at the request of Turner Long Construction for the Friendship Health & Rehab Center South Project, Cave Spring Magisterial District (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the new resolution, which was based on comments from the community meeting last night. The following citizens spoke: Warren Coburn of 5669 Starkey Road stated the waiver will probably effect his family more than any other due to the proximity. The road that Friendship will bring the concrete into the site is approximately fifty to sixty (50 to 60) feet from his back door. They are talking about eighteen to twenty (18 to 20) truckloads of cement per pour. If you count both directions that means thirty-six to forty (36 to 40) trips. If you multiply that by seven (7) pours you are left with somewhere between 250 to 280 trips by his backdoor. He stated he is not only speaking for his family today, he provided Ms. Jacks a petition that he circulated around the neighborhood and with some other people and they have somewhere well over a hundred (100) signatures on this petition. So, he is not only speaking for his family, but also for the families that expressed concerned about this. They were unable to attend today because they have to work, their children October 28, 2014 721 go to school. These families live on Crescent Blvd., Arthur Street, Stearnes Avenue and Starkey Road. He knows that at least one member of the Board has school-age children and he would ask them to imagine the disruption this would have on their family if you have all these concrete trucks running near their house at 5:00 a.m. While I was gathering these signatures, he did not have any person that refused to sign. The most comments he heard was, "Well it is not going to do you any good; the decision has already been made." Several people also remarked that Friendship Manor had told them at one of the rezoning hearings that they would not be expanding in that neighborhood and are telling me now that Friendship's real estate agent is contacting people to purchase their property, which adjoins this project and fronts on Crescent Blvd. He came to the meeting last night and he was disappointed there weren't more people from the community to ask questions. He understands with school -aged children and people having to work and get up early. It may have been impossible for them to attend the meeting. He asked the Board to consider not only the undue hardship of Turner Long, but the undue hardship that has been put on the citizens of this community. This project does not adjoin any businesses. The entire boundary is surrounded by residential property. He asked the Board to reject this request for waiver. Mr. Malpass of 5521 Arthur Street stated since they have received the new proposal he does not have a whole lot to say, however, he does have one request that they not be allowed to use their truck engine brakes that early in the money, until after 6:00 a.m. Ms. Moore and he have had a couple of conversations on trucks coming down Starkey Road early in the morning that you do not need an alarm clock. However, coming in at 5:00 a.m. or 4:30 a.m., is early to be awakened by that and it is not a dangerous area where they do need an engine brake or "jake" brake, whatever you want to call it. There is no need to have in that speed limit and that is his only request that they have some sort of limitation put on that. Mr. Roy Mitchell of 5686 Starkey Road stated Turner Long is asking the Board to consider seven (7) days and seven (7) days does not sound like much. He is asking you to look at 280 days, because 280 days are the number of approximate work days that this project is going to entail; 280 work days that will be disruptive to anyone that is in that neighborhood. The property of his neighbors and Mr. Coburn has already spoken is right up against this project. 280 days with this constant disruption and upheaval and noise is he thinks asking too much. He is asking the Board to just consider anywhere between one hundred (100) and one hundred and forty (140) cement trucks rolling past your door or past your window. We went to the meeting last night and compromise was discussed and there were some adjustments according to Mr. Mahoney's presentation. His remarks were based on the 3:00 a.m. to 7:00 a.m. but the change to 5:00 a.m. does not change his feeling on this. He believes that a hardship to even one citizens is asking too much. When they ask for compromise why is it always the citizens that are affected by this type of project that are asked to compromise? The hardship on the citizens here is a lot more difficult to him, at least in 722 October 28, 2014 his opinion, than it is on the construction company. Construction companies deal with these types of things all the time and seem to be quite capable of making adjustments. He says they are asking too much; 5:00 a.m. to 7:00 a.m. is a step too far. Mr. Boyd Long, President of Turner Long, stated the variance they have asked for is undoubtedly unbearable on the neighbors, but they are asking them to concede so that it will be better on them later on. If we do it in another manner, we are probably going to be pouring these over a twelve to fourteen (12 to 14) day period, maybe 8, 107 14 but it is going to go into the night. It is probably going to start at 7:00 in the morning and by the time it takes to pour the concrete, the concrete to cure and dry in these winter months it is going to go to 8, 9 or 10 o'clock at night and still have the lights and still have the noise. We conceded a lot and are trying to work with the citizens and be good stewards of the project and the neighbors as well. It is a real hard impact on everybody in the neighborhood as well as the men trying to work; it is a safety issue. The men will be working twelve (12) hour to fourteen (14) hour days and our concern is safety. Yes, in the morning it is going to be dark, but they have measures in place to assist them in that for safety reasons, but as the day drags on and they become tired you really have to watch them. He stated he understands it is an inconvenience and they are asking a lot, but it is a compromise to get this heavy duty work that we have to get done quick and soon versus dragging it over a period of time. He stated they are willing to work with anything and in any way they possibly can in order to get this done. If not, they can adapt, they can go back and it is going to take a longer, drawn out period of time to get this done. Supervisor Moore thanked everyone who attended the meeting last night. She sees a lot of them in the audience today. They had a really good conversation. Turner Long Construction talked about their process and the pouring of the concrete and the comments she heard last night from people who were there and everyone who was there last night are all effected the most by this project. They live in very close proximity and she thanked them for their patience in enduring the day to day operations; knows it has been very difficult on them and it will be a blessing when it is completed. The comments she was hearing last night were noise, light buffering, engine brakes that the gentleman just spoke about. They discussed a lot of information and most everyone who was there last night said they would rather this project start at 5:00 a.m. and get the trucks in there and out and hopefully if the weather permits it will only be five (5) days but they allowed seven (7), two (2) extra days for bad weather in case that happens. Based on the comments from last night and the good rapport and feedback she has received from Turner Long, she feels that the ones who were there last night were willing to endure that and she asked Turner Long to please be patient and diligent and if they have any concerns that they will be patient with the citizens that live around there because they definitely will have to endure this long process. Supervisor Church stated he does not have "a dog in this fight," but this Board represents everyone in Roanoke County. Citizens in every part of the County are important to all of us. He has been contacted over and over, phone calls and emails October 28, 2014 723 and he has yet to see one citizen that is happy about this. He does know that Turner Long is a great company, a longstanding company in the Roanoke Valley. He is certainly not against them. He has mentioned this before on this Board that every item that comes before him, he sincerely without a doubt asks himself if he lived next to it how would he feel; whether it is a rezoning, a grocery store or a warehouse, etc. and he can see the concerns from the people and he really would not prefer to in this particular situation. Things that bother him is the six-month time frame; a long, long time. Sometimes, when this Board has compromise resolutions and petitions more times than not in part years things happened, junk happened, and those proposed changes were not met. This has happened more than a few times. He guesses his question is a rhetorical question, what happens if it does not go seven (7) days. What happens if they pour nine (9) days and what happens if they start an hour early, etc. He is just not comfortable putting commercial vehicles in people's doors almost at that time of day for six (6) months. He appreciates the change from 3:00 a.m. to 5:00 a.m. but in his mind he does not know many people that wake up at 3:00 or 5:00 a.m. either one, unless you work a different shift. It is just an unusual time. The question that comes to mind is the "beep beep beep" of the backup signals that would drive people insane. Do these trucks have those and maybe that is a question that might be answered. If they go in reverse does that sound automatically by law have to sound? He stated he was not comfortable with where the Board is going. He was reminded by another Board member earlier before we started when he mentioned at the last meeting we would prefer to be here at 7:00 p.m. so the citizens could speak. Keep in mind that is an honest oversight because he did in fact say that because we normally have a 7:00 p.m. meeting on this date. Tonight, we do not because there are no public hearings. It is no one's fault that we do not have a 7:00 p.m. session, but he is a firm believer that people will come if they have the time and it is important to them and that is why we have public hearings at 7:00 p.m. because a lot of people have jobs that will not allow them to be here until after 5:00 p.m. He is just not comfortable supporting this change. Supervisor Bedrosian inquired the normal time this could be done without a waiver is 7:00 a.m., which was confirmed by Mr. Mahoney. This new proposal took off two (2) hours in the morning so it extended, since we are losing two (2) hours based on a prior request and has been moved from 3:00 a.m. until 5:00 a.m. Is that extending the time? We were going from October to April even at the 3:00 a.m. Mr. Mahoney responded there are two (2) pieces, the initial request was for 3:00 a.m. and he believes as a result of the community meeting last night, a change to 5:00 a.m. and then the original request was based upon this matter being before the Board on October 14th so they were looking at the same time frame, but with this matter being postponed or continued for two (2) weeks, in effect, they moved the time period for doing the seven (7) different activities still within the same range, they just moved it back two (2) weeks. Supervisor Bedrosian then asked if work was being done on Saturday, or the weekend? The response was there will be work done on the weekends. Supervisor Bedrosian stated his thoughts were instead of doing the work at 5:00 a.m. it could be done on the 724 October 28, 2014 weekends. Was that looked at too? Response was that based on information from last night, one of the suggestions was that we limit this to Fridays. Chairman McNamara asked the speaker to come to the podium. Mr. Long stated one of the things they looked at last night as a possibility, but we haven't gotten verification yet is maybe we can do this work on a Friday. Some people felt they would have the weekend or the next day to recover and sleep in as such. Another suggestion was that this work from five to seven (5 to 7) days is going to take place one (1) time and then it will be about a two to three (2 to 3) weeks before it occurs again. It will not be back to back, it will be spread out over a period of time. Also, the beeps with regard to the backup of the trucks, we are looking at possibly disengaging those while they are on site for a limited time. It is an OSHA requirement that they be in place, but we have to look at other safety measures to take care of that. Supervisor Bedrosian stated it gets dark about 6:30 or 7:00 p.m. right now. Mr. Long stated it gets dark about 6:00 p.m. and when they start this portion it will be getting dark about 5:00 p.m. or 5:30 p.m. so they will have lights set up and will be finishing into the evening time. Supervisor Bedrosian stated if they do this cement at 5:00 a.m. it is dark too; so there are lights out there also. Mr. Long responded in the affirmative. Supervisor Bedrosian asked if it would be the same lights in the evening with Mr. Long responding in the affirmative. Supervisor Bedrosian stated so technically, they could start at 7:00 a.m. or later except for the fact of safety. Mr. Long responded in the affirmative and stated they are trying to capture as much daylight and the sun for help setting up and curing the concrete. It takes about four to five (4 to 5) hours to do the actual pour and then they have to wait four to five (4 to 5) hours as it starts to set up and then secreted off before they can actually start to finish. Our ideal conditions are finishing about 6:00 or 7:00 p.m. in the evening versus 9:00 or 10:00 p.m. He advised they want to get as much daylight on the concrete as possible for two issues, daylight and safety. Supervisor Bedrosian then asked instead of doing it on a Friday, could they do it on a Saturday. Mr. Long stated that was a possibility. They could see if the batch plant could open up and provide the amount of concrete needed for that time period. Supervisor Bedrosian stated he is not in that district either but he has gotten quite a few phone calls and emails on it, so obviously there are a lot of people concerned about this. So, seven (7) days times two (2) hours versus fourteen (14) hours. Those fourteen (14) hours cannot be made up at any other time? Mr. Long responded they can take other approaches, but it is going to prolong it. It is going to prolong a couple of things, the amount of disturbance, i.e. the loud trucks coming on the avenues, the time of the day that the trucks are on the roads will be in prime time with school buses going back and forth morning and afternoon as well as traffic right there on Starkey Road. He advised they were concerned about the entry -way in, they only have one way in and one way out so that is another safety issue they are addressing with this request as well. If they break this down into fourteen (14), it is going to go over fourteen (14) days and they will be prolonged days as well. Supervisor Bedrosian then asked what created this and why are we at this point with Mr. Long stating, "wintertime." It has basically coming into wintertime. The project was delayed by the time they got October 28, 2014 725 the permits, rain, about thirty-three (33) days of delay due to rain. So, it has pushed our schedule and it is getting closer into wintertime and we are racing against time. If this was summertime, they would not have to request this waiver. RESOLUTION 102814-1 GRANTING AN "UNDUE HARDSHIP WAIVER" UNDER SECTION 13-23 OF THE ROANOKE COUNTY CODE TO THE PROVISIONS OF THE COUNTY'S NOISE ORDINANCE, ARTICLE II. "NOISE" OF CHAPTER 13. "OFFENSES -MISCELLANEOUS" AT THE REQUEST OF TURNER LONG CONSTRUCTION FOR THE FRIENDSHIP HEALTH & REHAB CENTER SOUTH PROJECT, CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Turner Long Construction, the contractors for the Friendship Health & Rehab South Center Project development has requested a waiver of the County's noise ordinance as contemplated under Sec. 13-23. "Undue hardship waiver" to permit concrete construction to be performed beginning on October 31, 2014, and ending April 30,2015 -and WHEREAS, Section 13-23 of the Roanoke County Code establishes certain standards for the Board of Supervisors to grant waivers from the provision of the Roanoke County Noise Ordinance - Article II. Noise of Chapter 13. Offenses - Miscellaneous to avoid undue hardship upon consideration of certain factors set forth in subsection (b) of Sec. 13-23 and after making certain alternative findings; and WHEREAS, this item was originally presented to the Board of Supervisors on October 147 2014, and upon request of the Applicant it was postponed until October 28, 2014, in order to hold a community meeting. BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia, as follows - 1 . ollows:1. In making its determination as to whether to grant the requested waiver to Turner Long Construction from the County's noise ordinance, the Board of Supervisors has considered the following factors: a. The time of day the noise will occur and the duration of the noise: Beginning at approximately 5:00 a.m. on Friday, October 31, 20147 and ending 10:00 p.m. on Thursday, April 30, 2015. b. Whether the noise is intermittent or continuous: The noise produced during the placement of concrete will be intermittent and occur only on the days that a large concrete placement is scheduled. The noise would be limited to equipment onsite and concrete truck traffic to and from the construction site. C. The extensiveness of the noise: The noise level is expected to be low to moderate during this operation with little to no need for any 726 October 28, 2014 extensive noise levels. d. The technical and economic feasibility of bringing the noise into conformance with the noise ordinance: The extension of normal working hours to begin at 5:00 a.m. would allow the placement of concrete to begin earlier during the day of the scheduled activity. After the placement of the concrete, additional time is required for the concrete to begin the drying and finishing of the concrete surface. This time frame will take longer during cold weather conditions that Turner Long Construction will be faced with during construction. This longer time frame will cause the construction workers to be faced with working beyond the 10:00 p.m. time frame of allowable working hours. This longer time frame would expose construction workers to fatigue and unsafe working conditions. The variance is requested to allow early start of working hours only for the days scheduled to have major concrete slab placements for the project and be limited to a total of seven (7) specific days as such activities may be scheduled. It is anticipated that these major concrete slab placements will occur as conditions and weather may allow in approximately three (3) week intervals between these activities. e. Other matters related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship resulting from enforcement of the ordinance: Being allowed to start work at earlier in the morning would prevent working into the nighttime hours and result in less annoyance to the community. f. The extent to which the noise is necessary and incidental to the commercial and industrial use generating the sound: The noise to be generated by this concrete work is necessary and incidental to fulfilling the conditions of the rezoning and special use permit approved by the Board of Supervisors for the Friendship Health & Rehab Center South Project on January 22, 2013. 2. The Board of Supervisors makes the following finding: Compliance with the provisions of the County's noise ordinance concerning the specific act of noise disturbance by operation of equipment for concrete construction under subsection (1) of Sec. 13-21. "Specific acts as noise disturbance" or under the provision of Sec. 13-20. "General prohibition" would produce serious economic hardship for Turner Long Construction without producing any substantial benefit to the public. 3. That the provisions of Sec.13-21. Specific acts as noise, subsection (1) and Sec. 13-20. General prohibition of Article II. Noise of Chapter 13. Offenses - Miscellaneous be WAIVED for a period from October 31, 2014, until April 30, 2015. October 28, 2014 727 4. This Waiver is granted specifically to Turner Long Construction, its officers, employees and agents for concrete construction work and related activities for the Friendship Health & Rehab Center South Project in Roanoke County, Virginia. 5. That Turner Long Construction shall notify the adjacent property owners at least three (3) days in advance of the seven (7) specific days scheduled for major concrete slab placement activities. 6. That this Waiver may only be extended upon written application and approval by the Board of Supervisors. 7. That this resolution shall be in full force and effect from its passage On motion of Supervisor Moore to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Peters, McNamara NAYS: Supervisors Bedrosian, Church 2. Request to dispose of surplus items from the former William Byrd Junior/Senior High School to the public (Daniel R. O'Donnell, Interim County Administrator) Mr. O'Donnell explained as a request of Mr. Bedrosian. Supervisor Peters moved to table this item due to the receipt of the auctioneer proposals. His recommendation was to act on the proposals first and then revisit. The motion to table the request was carried by the following recorded vote: AYES: Supervisors Moore, Peters, McNamara NAYS: Supervisors Bedrosian, Church IN RE: REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA 1. The petition of Bonsack Baptist Church Trustees and Union First Market Bank to rezone approximately 4.64 acres to remove proffered conditions from property zoned C-1CS, Low Intensity Commercial, District with conditions and special use permit and C -1C, Low intensity Commercial, District with conditions to construct additional parking for religious assembly use located near the 5000 block of Cloverdale Road, Hollins Magisterial District 728 October 28, 2014 Supervisor Bedrosian's motion to approve the first reading and establish the second reading and public hearing for November 18, 2014, was approved by the following vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None 2. The petition of IYS XXII, LC to rezone approximately 8.46 acres from I -1S, Low Intensity Industrial, District with special use permit to C -2S, High Intensity Commercial, District with special use permit for the operation of a halfway house, located at 5673 Airport Road, Hollins Magisterial District Supervisor Bedrosian moved to deny the approval of the first reading. Supervisor Church explained that the first reading was a formality to move it through the normal process. Supervisor McNamara explained that the Board needs to afford the right to go to the Planning Commission. Supervisor Bedrosian's motion to deny the first reading and to establish the second reading and public hearing for November 18, 2014, was denied by the following vote: AYES: None NAYS: Supervisors Moore, Bedrosian, Church, Peters, McNamara Supervisor McNamara's motion to approve the first reading and to establish the second reading and public hearing for November 18, 2014, was approved by the following vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None IN RE: FIRST READING OF ORDINANCES 1. Ordinance accepting and appropriating a contribution in the amount of $5,455 from the Town of Vinton to Fire and Rescue OCA 487700 for the Town of Vinton's four percent (4%) share of funding to complete agreed upon capital projects totaling $136,364 at the Roanoke Valley Regional Fire/EMS Training Center (Richard E. Burch, Jr., Chief of Fire and Rescue) Todd Maxey, Deputy Chief explained the need for the ordinance. October 28, 2014 729 Supervisor Peters motion to approve the first reading and to establish the second reading and public hearing for November 18, 2014, was approved by the following vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None 2. Ordinance authorizing the granting of an electric utility easement to Appalachian Power (AEP) on property owned by the Roanoke County Board of Supervisors (Tax Map No. 060.16-08-02) for the purpose of an underground electric power line to the Vinton Library at 300 South Pollard Street, Vinton Magisterial District (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the request for the ordinance. Supervisor Peters motion to approve the first reading and to establish the second reading and public hearing for November 18, 2014, was approved by the following vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None 3. Ordinance granting an easement across Roanoke County property identified as Tax Map Parcel #38.07-2-56 to James E. Lewis, Hollins Magisterial District (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the request for the ordinance. He advised the value of the entire parcel value is approximately $54,000. Originally provided to the County by the developer. No other County public uses for this property. He asked if the Board is interested in selling the entire property. Suggest to grant the easement. He indicated that staff does not have a letter from the bank verifying funds and will revisit at that time. Supervisor Bedrosian's motion to approve the first reading and to establish the second reading and public hearing for November 18, 2014, was approved by the following vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None 730 October 28, 2014 IN RE: SECOND READING OF ORDINANCES 1. Ordinance accepting and appropriating funds in the amount of $17,685 to Fire and Rescue for a grant from the Federal Emergency Management Agency (FEMA) for the purchase of automatic fire suppression devices for independent living apartments (Richard E. Burch, Jr., Chief of Fire and Rescue) Todd Maxey advised there were no changes from first reading. There was no discussion. ORDINANCE 102814-2 ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $17,685 TO FIRE AND RESCUE FOR A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR THE PURCHASE OF AUTOMATIC FIRE SUPPRESSION DEVICES FOR INDEPENDENT LIVING APARTMENTS WHEREAS, Roanoke County has been awarded a five percent (5%) matching grant from the Federal Emergency Management Agency (FEMA) in the amount of $17,685; and WHEREAS, FEMA will provide funding in the amount $16,801 and the Fire and Rescue Department will receive contributions from Friendship Retirement in the amount of $350 and Richfield Living Community in the amount of $534 to provide the funding match in the amount of $884; and WHEREAS, the purpose of these funds is to purchase automatic fire suppression devices for independent living apartments; and WHEREAS, Section 18.04 of the Roanoke County Charter provides that funds be appropriated by ordinance; and WHEREAS, the first reading of this ordinance was held on October 14, 2014, and the second reading was held on October 28, 2014. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 ollows: 1. That the sum of $16,801 is hereby accepted and appropriated from FEMA and that these funds are appropriated to the Fire and Rescue Department; and 2. That the sum of $884 for the grant match should be accepted and appropriated from contributions from Friendship Retirement in the amount of $350 and Richfield Living Community in the amount of $534 and that these funds are appropriated to the Fire and Rescue Department; and 3. That this ordinance shall take effect from and after the date of adoption. October 28, 2014 731 On motion of Supervisor Peters to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None IN RE: APPOINTMENTS 1. Library Board (appointed by District) Supervisor Moore has recommended the reappointment of James O. Nelson to represent the Cave Spring Magisterial District for a new four-year term, which will expire on December 31, 2018. Confirmation has been placed on the Consent Agenda. IN RE: CONSENT AGENDA Supervisor Bedrosian asked that item J.6 Request for donation of a surplus vehicle to the Western Virginia EMS Council be removed for separate consideration. There was no objection. RESOLUTION 102814-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows- That ollows:That the certain section of the agenda of the Board of Supervisors for October 28, 2014, 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 7 inclusive, as follows - 1 . ollows:1. Approval of minutes — September 9, 2014 2. Request to accept and allocate funds in the amount of $297 from the Department of Justice, Bureau of Justice Assistance to the Sheriff's Office for fiscal year 2014 State Criminal Alien Assistance Program (SCARP) award 3. Appointment of Interim Building Commissioner 4. Confirmation of appointment to the Library Board (appointed by District) 5. Resolution petitioning the Circuit Court for a Writ of Election to fill the vacancy in the Constitutional Office of the Sheriff 6. Request for donation of a surplus syehiGeto the Western Virginia EMS Gel rc��uca�rvr-a-vrru i-r-vr��r�u��� r-rr v-v�.rc �rvi-v-vv�rrcrr (This item was removed from the Consent Agenda for separate 732 October 28, 2014 consideration. 7. Request for donation of a surplus vehicle to the Western Virginia Water Authority On motion of Supervisor McNamara to adopt the resolution, with the exception of Item J-6 and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A -102814-4.a A -102814-4.b A -102814-4.c RESOLUTION 102814-3.d REQUESTING THE CIRCUIT COURT OF ROANOKE COUNTY TO ORDER AN ELECTION ON FILLING THE VACANCY IN THE CONSTITUTIONAL OFFICE OF THE SHERIFF WHEREAS, Section 24.2-228.1 of the Code of Virginia, 1950, as amended, provides that a vacancy in any elected constitutional office shall be filled by a special election; and WHEREAS, Michael G. Winston has submitted his resignation from the office of the Sheriff for Roanoke County, effective October 31, 2014; and WHEREAS, pursuant to the authority granted by the Code of Virginia, the Board of Supervisors of Roanoke County proposes to call a special election to take the sense of the voters of the County on filling the vacancy in the constitutional office of the Sheriff; and WHEREAS, Section 24.2-682 of the Code of Virginia, 1950, as amended, provides that a special election to fill the office of any constitutional office shall be held promptly; and WHEREAS, the Board hereby finds that due to the costs of a special election, and that since the next general election for this office is scheduled for November 3, 20157 it would be just and proper to schedule this special election for November 3, 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows - 1 . ollows:1. That the Board hereby petitions the Circuit Court of Roanoke County to order an election on November 3, 2015, on the filling of the vacancy in the constitutional office of the Sheriff. 2. That the Clerk of the Board is instructed to immediately file a certified copy of this resolution with the Circuit Court of Roanoke County, Virginia. 3. That the Secretary of the Electoral Board of Roanoke County, Virginia, shall publish a notice of such election in a newspaper of general circulation in the October 28, 2014 733 County once at least ten (10) days prior to such election. 4. That the County Administrator is hereby authorized and directed to take such actions as may be necessary to accomplish the intent of this resolution. 5. That this resolution shall take effect immediately. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None A -102814-3.e 1. Request for donation of a surplus vehicle to the Western Virginia Water Authority I_Qi101T*C15! Anne Marie Green explained the request for both vehicles. Supervisor Bedrosian inquired how many do we keep, with Ms. Green responding not many as they go to public auction online. Supervisor McNamara moved to approve the staff recommendation to donate a surplus vehicle to the Western Virginia Water Authority. The motion carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS The following citizens spoke: John Wilburn stated he would like to address the proposed change to the discharge of firearms in the County. From what he understands, the proposal is to make a one hundred (100) yard buffer around all dwellings before a person can discharge a firearm. He would just like to say this is a one size fits all approach and thinks it unduly restricts peoples right to use their own properties. What it would wind up doing is making everybody have to have six and one half (6 '/2) acres around their dwelling with a football field in every direction just to shoot. There have been people safely shooting in their backyards for hundreds of years in this State. He would hate to see that change. A new dwelling constructed within that one hundred (100) yards could terminate that activity. He stated he thinks it is a solution in search of a problem and respectfully asks that the Board drop it from consideration. 734 October 28, 2014 Kenneth Modica stated he is here to address the same issue that Mr. Wilburn was talking about and basically has the same concerns. This is a law that is not needed; it is already covered by statute 18.2-56.1, which deals with the reckless handling of firearms. He understands that the requirement is safety and that is foremost in everybody's mind, but if you are safe at 99 yards or 101 yards does not think really makes a big difference. We already have this covered. There is no reason to force residents to try and guess how far away their neighbor's house is and whether it is okay for them to shoot in their yard. If they have a safe backdrop and a safe situation and they are not shooting towards anybody and they are not endangering anybody, why would you take that right away from somebody? He does not understand the need for this law. He does not see where there is any real value in this, the law is already covered. Why are we doing this redundantly and making a situation where people were fine shooting in their yard all of a sudden criminals because they thought they were at one hundred (100) yards, but not quite. That is his situation on this; does not think this ordinance should go forward. IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Bedrosian, Church, Peters, McNamara NAYS: None 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Outstanding Debt 5. Comparative Statement of Budgeted and Actual Revenues as of September 30, 2014 6. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances as of September 30, 2014 7. Accounts Paid — September 30, 2014 8. Quarterly Report of 2015 fiscal year — Community Development Activities 9. Treasurer's Statement of Accountability per Investment and Portfolio Policy as of September 30, 2014 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church advised the two speakers to be sure and come upstairs to the work session. It is a work session and not something we vote on. It is a October 28, 2014 735 talk proposed by the Supervisor from Vinton. You are welcome to come. He then stated he wanted to state some good comments that he had for two schools he represents. First are the Glenvar Highlanders who are still undefeated. They have had an unbelievable season. Coach Clifford and Principal Haffey and a very capable staff have the green and gold really flying high. Best of luck; he keeps in touch with the coaches and goes as often as he can. Secondly, Northside High School continues their winning ways this past week. Sorry, but they went down to Vinton and condolences to his colleague, they went to William Byrd and won 28 to 7. They are still highly ranked and defending State champions that everybody should know. If they let me talk to them they will know this. Northside continually has a good group of boys who have had two devastating injuries; Chance Hall, 6'6", 300 lbs. lineman picked by the Tennessee Volunteers is out with a season ending injury and had surgery before the games even started. Austin Fisher one of the most all-purpose fellows in the Roanoke Valley has a broken leg. They are still going strong and have lost two (2) times but are ranked number two (2) in the Western Region. Lastly, Mr. O'Donnell on the next meeting, November 18, 2014, would you add a resolution? Our Board has received something that he is very much in favor of. He has a copy of one that has been sent all over the Country reaffirming "In God We Trust." as our national motto. This has been going from coast to coast. He thinks it is something the Board should gladly reaffirm. Just a couple of tidbits, November 1, 2011 our House of Representatives voted 396 to 9 to reaffirm this motto. It is in halls and buildings all over the country. Basically what this resolution does is ask us to go back to our founding and reaffirm what our Country has believed in. If it is good enough to put on money he is sure we can put it in our hallway near our meeting room, near or in. He is asking that we put this draft resolution for the next meeting. He thinks it is very important and is making a big statement for our County. Supervisor Peters stated over the last few months he has recognized gentleman in our Fire Service, Larry Logan from Ft. Lewis Fire Department, George Store, Donny Thomas and this month he understands is an anniversary of Bennie Powell. Each one of these men have served fifty (50) years as a volunteer fireman. He thinks it is pretty impressive between four (4) men there is two hundred (200) years of service. Secondly, he is a member of the Vinton first aid crew and they did celebrate their 75th anniversary earlier this month and that is kind of unheard of as well in the volunteer realm to have an organization stick around that long. He too would like to address the issue of the firearms. It came up several months ago. Mr. Church had requested a work session and he followed up again last month because there seemed to be some discrepancy in the archery. Archery is not allowed within a hundred (100) yards so the question was posed, "Why isn't firearms the same way." So, we have requested a work session so we can get clarification on that information. That is all it is about. He has had several telephone calls and he has reaffirmed this is nothing but a clarification so we know what is out there. So, if someone comes here and comments, we know what is really going on from our level. Supervisor Moore invited everyone to a Community outreach meeting 736 October 28, 2014 tomorrow night at the South County Library at 7:00 p.m. It will be an outreach on good parenting and substance abuse. It should be a very impactful seminar and audience participation is requested. Supervisor Bedrosian would like to take his time to talk about the surplus item. He knows we have talked about this all the time. He asked for pictures to be brought up. This item has caused some angst on our Board and he just wants to make sure that the issue of auctions or going to the public has always been two very viable options on this Board. He thinks it started heating up when an assumption was made that we were just going to give it to a group out of Vinton and they were going to build a park out of it. That is what really caused an issue with this. He just wants to make sure everybody knows. He is very fine with whether we do an auction or to the public, but the public was his first choice and he thought we had a school filled with items that a lot of people, citizens of Roanoke County, could really use and if you take it to an auction house and he even provided two (2) people that had come to him and advised they wanted to auction it off and he provided to the County Administrator and said here are two proposals. He is okay to do that, but just wants to make sure that citizens of Roanoke County really are going to benefit from that. An auction house is going to come in and they are going to have to do it in huge lots because there are 20,000 to 30,000 pieces over there and they will have to auction them off in huge lots and it is not going to be the average citizen of Roanoke County coming and getting ten (10) chairs or twenty (20) chairs, which he envisioned would be the nice thing to do. He thinks the real problem here and is a good lesson for us and hope the Board learns from this experience that we should never let this happen again. He knows there is one school, Glenvar, happening and before we get any more new furniture or however we do it that we really think about selling it off or doing whatever we can. He would propose letting the public come in and get some of their tax dollars backs. Supervisor Bedrosian then walked through a set of pictures of the items. There is another building and he went through it yesterday and really one of the issues with having the public come in and take or give to them inexpensively was that walking through the old William Byrd High School is dangerous so we have all these regulations that people cannot walk through. But, that building also has a lot of stuff in it. So this building would be very accessible to the public; it is one level you could just walk in and pick up a few items. Just in one room in that building there are a bunch of desks, chairs that would really have more value to an individual or citizen going and getting than an auction house. Some auction company is probably going to buy the whole room for fifty cents for a chair, but it could really mean a lot more to a citizen if they could acquire that. There is some really nice stuff, i.e. a total wood cabinet that you could put tools in. There are multitudes of these in that area. He just feels that citizens in Roanoke County could use some of these things. The next picture shows going behind the school and if you look at the red arrow on the left, the annex that is very easy to get in, it is one level and you could drive your car as there are two lanes. You go in very easily and pull out a bunch of stuff and load it and come out. The green arrow is a little bit smaller head way down and the next picture October 28, 2014 737 shows if you go down where you would end up, the back of the gymnasium, which is the old William Byrd gymnasium. Ten to fifteen percent (10 to 15%) of all the surplus are in that gymnasium and again it would be very easy for cars to pull in, go into the gymnasium and pick and load ten to twenty (10 to 20) chairs and load into the truck and go. The next picture shows what is in that gymnasium, stacks and stacks of chairs, tables, desks. These pictures show how much stuff is in the old William Byrd High School. He just wants to make sure that it is not a conflict on the Board about auction house or the public. It does seem like being able to offer it to the public, let them walk in, pull out twenty (20) chairs and take them home would be the most beneficial. The only thing he worries about with the auction house is that they are going to have to sell them in lots and basically we may divide the whole thing into ten (10) lots and some big conglomerate maybe not even in Virginia, North Carolina or California will take the whole lot for whatever and it does not benefit anybody in Roanoke. We will see upstairs, it is an open work session, we will see what the cost of doing an auction. It may in fact even end up costing us more money and nobody in Roanoke, no citizen in Roanoke County really benefits from this at all. Supervisor McNamara stated he wanted to touch base briefly from a procedural standpoint on the request to dispose of surplus items from the former William Byrd Junior/Senior High School. There was the motion to lay the item on the table. That does by parliamentary procedure is not a debatable motion so that is why there was no debate at that particular point in time. This does not mean that this item cannot be considered. At the next meeting, he would assume, he does not know for a fact, but would assume at the very next meeting if we have an issue at William Byrd, he would assume we will take action to do something with the equipment that is in the former William Byrd Junior/Senior High School. That action may be accepting one of the proposals that were submitted within the forty-five days that we have not even evaluated at this point. That may be exactly what the new business item, E-2 is, and it may be some other new business item that is some combination of E-2 and/or the proposals that have been submitted. All the options are open still for the disposal of surplus items from the former William Byrd. The reason he personally supported that is that he did not think it was proper to have auction houses to come in, evaluate equipment, make bids based on equipment, recognizing their time, their expense and then allow the public in effect change the composition of what they were bidding on. So, he thinks the proper format is to evaluate the bids, if we do not like any of the bids that we have received, then we do not accept any of the bids and we go to another plan, which may be item E-2 at our next meeting. In his mind, there was no intent to say that item had no merit, it was just from a timing perspective. Supervisor Church asked Mr. Mahoney and the Clerk, did he miss something about the firearms situation. Mr. Mahoney, he does not recall making a request for a work session. You and I talked in the hallway back in 2011 was the only time to his memory. Mr. Mahoney responded there was a work session in 2011 and a first reading of an ordinance in 2011. He does not remember in the last month or two 738 October 28, 2014 requesting a work session on this. Mr. Mahoney stated he remembered speaking with Mr. Church. Supervisor Church stated he just wanted to be clear, he does not recall asking for a work session. IN RE: CLOSED MEETING At 4:19 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 1 Discussion or consideration of the employment and appointment of specific public officers, appointees or employees, namely the County Administrator and Section 2.2.3711.A.1 namely discussion concerning an appointment to the Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals); Court Community Corrections Alcohol Safety Action Program (ASAP) Policy Board; Court Community Corrections Program Regional Community Criminal Justice Board; Roanoke Valley Resource Authority (At -Large) The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Peters, McNamara NAYS: Supervisor Bedrosian At 4:20 p.m. Chairman McNamara recessed to the Fourth Floor for work sessions and closed meeting. IN RE: WORK SESSIONS 1. Work session to discuss Roanoke County's Legislative Program and preparation for the 2015 session of the Virginia General Assembly (Paul M. Mahoney, County Attorney) Eldon James, Roanoke County's Legislative Liaison, provided a 2014 overview. Mr. Mahoney outlined the 2015 legislative issues. There were no new additions to the issues. Chairman McNamara stated he has an issue with the State telling us when the Board gets a raise. Supervisor Bedrosian inquired what would be wrong with putting the issue with the Board of Supervisor's pay on a referendum. Mr. Mahoney explained it would be just another item to the citizens. Special election would be cost prohibitive. Supervisor Bedrosian stated he would prefer a regular referendum and does not think the Board of Supervisors should be voting on their own raise. Supervisor Bedrosian discussed taking back transportation. Mr. James explained there had been an opt out window. Mr. Mahoney explained there were two (2) counties that does this on their own. Staff explained the chief concerns were startup October 28, 2014 739 costs and amount that you would get from Richmond. Mr. James advised there is a process to do this option. Supervisor Bedrosian requested staff to prepare numbers for him to look at. Chairman McNamara suggested that Supervisor Bedrosian find some citizens in North County to assist in the medium. Mr. Mahoney brought forward a citizen initiative to see if the Board would like to add to their initiatives. This citizen wants to increase the standards for certified home inspections and made more extensive disclosure obligations when a seller is selling their home. There was no interest from the Board. There was no further discussion. The work session was held from 4:40 p.m. until 5:25 p.m. 2. Work session to discuss expediting completion of renovations to the Social Services Building (Daniel R. O'Donnell, Interim County Administrator) Mr. Caywood, Assistant County Administrator provided a PowerPoint presentation on the DSS project. He then turned over to Rebecca Owens, Director of Finance who went through the project funding options. Mr. Caywood wrapped up with the next steps for the November 18, 2014, Board Meeting. There was no discussion. The work session was held from 5:27 p.m. until 5:46 p.m. 3. Work Session to discuss an ordinance amending the Roanoke County Code Chapter 13. "Offenses — Miscellaneous", Article I. "In General", Section 13-4. "Discharge of firearms, air guns, etc., generally" by the addition of a new section numbered 13-4.1. "Discharge of firearms near dwellings" (Paul M. Mahoney, County Attorney) Mr. Mahoney outlined the request. Supervisor Bedrosian inquired why this was being brought forward with Mr. Mahoney responding it was a citizen request. Supervisor Peters stated that when you got your hunting license it was implied by the Department of Game and Inland Fishery. Mr. Mahoney explained that was an error on his part and has since been corrected. It was the consensus of the Board not to move forward on this issue. The work session was held from 5:46 p.m. until 5:56 p.m. 4. Work session to discuss the proposals received concerning the surplus property at the old William Byrd High School property. 740 October 28, 2014 Mr. O'Donnell, Interim County Administrator, provided the Board with copies of the proposals received to date from Mountain City, James Wells and Crowning Touch. Brian Simmons, Fire Marshall gave a brief overview of the items that would need to be addressed, i.e. egress, ingress, exit signs, emergency lights, fire extinguishers, bathrooms. Anne Marie Green, Director of General Services advised there was a potential asbestos problem and a clean-up problem. Supervisor Peters asked if we would have to do everything if it were just employees. Mr. Simmons advised in the negative. Supervisor Church suggested bringing everything outside and let the citizens have. Ms. Green advised there would be logistical issues. Supervisor Peters stated he had talked to the Sheriff and suggested taking the material out and leave for two (2) weeks and then haul the remainder off to the dump. Ms. Green advised that the asbestos issue must be resolved before moving forward. A briefing was scheduled for November 18, 2014, for staff to complete a detailed plan. The work session was held from 5:56 p.m. until 6:10 p.m. IN RE: CERTIFICATION RESOLUTION At 7:00 p.m., Supervisor McNamara moved to return to open session and adopt the certification resolution. RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge - 1 . nowledge: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 October 28, 2014 741 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 Moore, Church, Peters, McNamara NAYS: None ABSENT: Supervisor Bedrosian Chairman McNamara then advised in accordance with Code of Virginia Section 2.2-3711.A.1. The Board will hold a closed session to discuss and consider the employment, appointment and resignation of specific public officers, appointees, or employees, namely the County Administrator, such meeting will be held in accordance with Section 2.2-3712, at a disclosed or undisclosed location within fifteen days. IN RE: ADJOURNMENT Chairman McNamara adjourned the meeting at 7:01 p.m. Submitted by: Approved by: 4De orah C. Jac c 7airman McNamara Deputy Clerk to i e Board 742 October 28, 2014 PAGE LEFT BLANK INTENTIONALLY