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HomeMy WebLinkAbout5/23/2006 - Regular May 23,2006 431 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 23, 2006 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 May, 2006. IN RE: CALL TO ORDER Chairman Wray called the meeting to order at 3:04 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael A. Wray, Vice-Chairman Joseph P. McNamara, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Richard C. Flora 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 Father Tom Miller, Saint Andrews Catholic Church. The Pledge of Allegiance was recited by all present. 432 May 23, 2006 REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Mahoney requested the addition of a closed meeting pursuant to the Code of Virginia Section 2.2-3711 A (1) discussion of the salaries of specific public officers; and Section 2.2-3711 A (30) discussion regarding the terms and scope of a public contract where discussion in open session would adversely affect the bargaining position or negotiating strategy of the County, namely an agreement with the City of Roanoke concerning regional fire and rescue service delivery. IN RE: IN RE: NEW BUSINESS .1:. Reauest to adoDt the Roanoke County School budaet for fiscal year 2006-2007. (Mike Stovall. Roanoke County School Board Chair: Dr. Lorraine Lanoe. Actina SUDerintendent: Penny Hodae. Assistant SUDerintendent of Finance) A-052306-1 Ms. Hodge advised that Roanoke County Schools have provided the Board of Supervisors with a copy of the budget that was approved by the School Board at their meeting on May 11. She stated that it is a request for an appropriation of $149,746,342 and includes salary increases of 4.5% for teachers and 4% for other employees. It also includes estimated revenues from the state due to the fact that they have not yet completed their budget negotiations. Ms. Hodge advised that the schools anticipate coming back to the Board with an amended budget once information is May 23, 2006 433 available from the state; however, they have built a conservative budget that they hope will be within the projected revenues obtained from the state in February 2006. Dr. Lange stated that on behalf of the School Board and school division, she would like to thank the Board of Supervisors for their support of the school system. She indicated that they feel there is a wonderful partnership with the Board, and that they think they have developed a good budget for the citizens and students in Roanoke County. Supervisor Wray questioned how the schools were able to develop a budget without knowing the amount of revenues they will receive from the state. Ms. Hodge stated that a budget had to be adopted; therefore, the school system took the budget presented by the House and Senate, compared those to the Governor's proposal, and selected a revenue estimate that was within $20,000 of the lowest projected amount. This figure was used as a benchmark on which to build the budget, hoping that this would be a "worst case" scenario. She advised that due to the late date, the schools must move forward with their best professional estimate for a budget. Supervisor Wray noted that there was uncertainty regarding school contracts due to this situation. Dr. Lange advised that at this point, the schools will have to wait on any contracts. Supervisor Wray noted that the textbook fund increased 40% and he requested an explanation. Ms. Hodge advised that the schools are projecting an increase in textbook revenues from the state, contingent in part on student enrollment 434 May 23, 2006 which increased. This amount is also dependent upon textbook purchases from the previous biennium; therefore, the state funding is usually at least two and sometimes four years delayed in terms of reflecting purchases from previous years. She stated that a large number of textbooks had been purchased at the end of that fiscal year, and this hurt their revenues in the past biennium. She indicated that a more positive revenue stream should be received from the state in the next biennium for textbooks. Supervisor Wray noted that 79% of the expenditures in the operating budget are salaries and benefits, and he questioned if this information was accurate. Ms. Hodge responded in the affirmative. Supervisor Wray advised Dr. Lange that he appreciated her budget message and stated that she did a nice job explaining everything. Dr. Lange stated that she is very appreciative of Penny Hodge and her staff, and she noted that they have a good working relationship with County staff and the Board of Supervisors. She indicated that they feel that they have a good partnership. Supervisor McNamara moved to approve the staff recommendation (approve and adopt the School Board budget for the 2006-2007 fiscal year). The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 2. Resolution reauestina the Director of the Virainia DeDartment of Conservation and Recreation to desianate Vinyard 11 Park as! Dublic May 23, 2006 435 recreation area and to recommend to the Commonwealth Transportation Board that recreational access funds be approved for the proiect. (Mark Courtriaht. Assistant Director of Parks) R-052306-2 Mr. Courtright advised that this grant requests that the Department of Conservation and Recreation (OCR) designate Vinyard Park II as a public recreation area and recommend to the Commonwealth Transportation Board (CTB) that recreational access funds be approved for the project. He stated that this grant will repair the surface and pave the road from the entrance to the park on Berkley Road down to the last entrance to the main parking lot. He indicated that the park is used heavily by the Roanoke Stars; by fishermen due to its access to Glade Creek; and by many walkers and joggers. Mr. Courtright stated that the original prime and double seal surface of the road has broken down over the years and now requires County staff to repeatedly fill the potholes throughout the year in order to maintain a safe and reasonable access into the park. He advised that staff is recommending approval of the resolution contained in the agenda packet. Supervisor Altizer question how far the repaving will extend. Mr. Courtright advised that it will extend to the end of the parking lot, a distance of approximately 800 feet. Supervisor Altizer stated that the road is worse than a washboard, and he indicated that any grants that can be obtained would complement the park and add to the value of the property. Mr. Courtright stated that many people 436 May 23,2006 from other areas visit the park and this is not a good presentation for the County park system. He stated that the current surface is difficult to maintain with the amount of traffic that travels on the road. Supervisor Church questioned whether staff has an estimate for the amount of funds available from VDOT and/or the number of applications submitted. Mr. Courtright stated that this information was not available. He noted, however, that this source of funding was used to pave Vinyard Park I several years ago, so they feel confident that the grant request will be approved. Supervisor Altizer moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 052306-2 REQUESTING THE DIRECTOR OF THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION TO DESIGNATE VINYARD II PARK AS A PUBLIC RECREATION AREA AND TO RECOMMEND TO THE COMMONWEALTH TRANSPORTATION BOARD THAT RECREATIONAL ACCESS FUND BE APPROVED FOR THE PROJECT WHEREAS, the Vinyard II Park is owned and is to be developed by the County of Roanoke as a recreational facility serving the residents of Roanoke County and adjoining localities; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the procedure governing the allocation of recreational access funds, as set forth in Section 33.1-223 of the Code of Virginia, requires joint action by the Director of the Department of Conservation and Recreation and the Commonwealth Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director of the Board approves the use of such funds for the construction of access roads to publicly- owned recreational areas of historical sites; and May 23, 2006 437 WHEREAS, it appears to the Board that all requirements of the law have been met to permit the Director of the Department of Conservation and Recreation to designate the Vinyard II Park as a public recreational facility/historical site and further permit the Commonwealth Transportation Board to provide funds for access to this public recreation area in accordance with Section 33.1-223 of the Code of Virginia; and WHEREAS, the right-of-way for the proposed access road is provided by the County of Roanoke at no cost to the Recreational Access Fund; and WHEREAS, the Board acknowledges that, pursuant to the provisions of Section 33.1-223 of the Code of Virginia, this road shall be designated a "Virginia Byway" and recommends the Commonwealth Transportation Board, in cooperation with the Director of the Department of Conservation and Recreation, take the appropriate action to implement this designation. Further, the Board agrees, in keeping with the intent of Section 33.1-63 of the Code of Virginia, to use its good offices to reasonably protect the aesthetics or cultural value of this road. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Roanoke, Virginia, hereby requests the Director of the Department of Conservation and Recreation to designate Vinyard II Park as a public recreational area and to recommend to the Commonwealth Transportation Board that recreation access funds be allocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Commonwealth Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as described herein. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 3. Reauest to approve revisions to the Roanoke County Employee Handbook. (Elmer C. Hodae. County Administrator: Joe Saroi. Director of Human Resources) A-052306-3 Mr. Sgroi reported that several policy revisions need to be made since the last set of revisions were approved by the Board in September 2003. He stated that the clarifications and changes in policy were summarized in the documents contained in the agenda packet. He advised that the employee handbook is an evolving document, and 438 May 23,2006 the latest set of revisions keep the County up-to-date with employment laws, legislation, and personnel policies. He indicated that staff is requesting that the Board approve the revisions as outlined in the report. Supervjsor Wray referenced Chapter 3 which indicates that if an employee feels that they have been paid incorrectly, they should contact Human Resources. He questioned if there is a time limit for such an issue to be reported. Mr. Sgroi stated that there is no time limit because it would be difficult to develop an estimate of what would be appropriate. Supervisor Wray referenced Chapter 4, military leave of absence, and noted that it states that full-time employees are entitled to up to 15 days or 120 hours. Mr. Sgroi stated that this was changed to state 15 days because the length of a work day varies dependent upon the position of the employee. Supervisor McNamara moved to approve the staff recommendation (approve the revisions to the employee handbook). The motion carried by the following recorded vote: AYES: NAYS: IN RE Supervisors McNamara, Church, Altizer, Flora, Wray None SECOND READING OF ORDINANCES 1:. Second readina of an ordinance authorizina and approvina execution of .! renewal lease aareement with Cisco Systems. Inc.. for office space in the Salem Bank & Trust Buildina at 220 East May 23, 2006 439 Main Street. Salem. Virainia. owned ~ the Board of Supervisors of Roanoke County. Virainia. (Anne Marie Green. Director of General Services) 0-052306-4 Ms. Green stated that this is the second reading of the ordinance and that the only change since the first reading is that in addition to the office space lease, Cisco Systems, Inc. will continue to pay the County $200 per month for a roof lease. She noted that the telecommunications amendment and the lease have been combined. Supervisor Wray questioned if the $200 is the two-year annual lease and whether this amount changed. Ms. Green advised that the $200 is for the two-year annual leave and the amount remained unchanged. She stated that this amount is comparable to what other tenants are paying for antennas on the roof. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None ORDINANCE 052306-4 AUTHORIZING AND APPROVING EXECUTION OF A RENEWAL LEASE AGREEMENT WITH CISCO SYSTEM, INC., FOR OFFICE SPACE IN THE SALEM BANK & TRUST BUILDING AT 220 EAST MAIN STREET, SALEM, VIRGINIA, OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of several parcels of land, containing .68 acre, located at 220 East Main Street in the City of Salem, Virginia, and designated on the Salem land Records as Tax Map #106- 440 May 23, 2006 13-6, #106-13-2, and #106-13-1, and commonly referred to as the Salem Bank and Trust Building; and, WHEREAS, said property was purchased on May 15, 2001, subject to leases with the County of Roanoke to provide office space for the Department of Social Services and Blue Ridge Behavioral Health Care on the third, fourth, and fifth floors of the building, and subject to a number of commercial leases for the first and second floors of the building and the rooftop for antenna space; and, WHEREAS, the County leased the property to the Roanoke County Industrial Development Authority for the issuance of bonds to finance the purchase, and the property was leased back to the County for operation of the premises and generation of the revenue, through the existing leases, for payment of the debt service on the bonds; and, WHEREAS, by lease dated the first day of March, 2002, the County entered into a lease with Cisco Systems, Inc., a California corporation, for a term of two years with the option to renew for an additional two years, for 1,400 square feet of office space in Suite 200 on the second floor of the building, and for placement and use of a WHIP antenna and an 18" satellite dish on the rooftop of this building, and said lease has expired; and, WHEREAS, Cisco Systems, Inc. has negotiated with staff to continue leasing the premises for a period of two years from March 1, 2006 at a rental of $1,485.00 per month; and WHEREAS, it would serve the public interest to continue leasing the premises to Cisco Systems, Inc. in order to have the office space occupied and maintained, and to generate revenue to be applied to meeting the bond obligations; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on April 25, 2006; and the second reading was held on May 23,2006. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That lease of 1400 square feet of office space in Suite 200, as shown on attached Exhibit "A", and rooftop space for a WHIP antenna and an 18" satellite dish on a 4' X 4' pad, as shown on attached Exhibit "B", at the Salem Bank and Trust Building, located at 220 East Main Street, Salem, Virginia, to Cisco Systems, Inc. for a period of two years at an annual rental of $17,820.00, payable monthly in the amount of $1,485.00, for office space and monthly rental of $200.00 for rooftop space, commencing as of March 1, 2006 and ending on February 29, 2008, with the option for Cisco Systems, Inc. to cancel said lease after the first year upon sixty (60) days written notice to the County, is hereby authorized and approved. 2. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions May 23, 2006 441 as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That the funds generated by this lease shall be placed in the Salem Bank and Trust Building revenue account. 4. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 2. Second readina of !!l ordinance authorizina conveyance of an easement to Verizon Virainia. Inc. .Q!l DroDerty owned !rl the Board of SUDervisors to Drovide teleDhone service to the ~ Public Safety Center. Catawba Maaisterial District. (Dan O'Donnell. Assistant County Administrator) 0-052306-5 Mr. O'Donnell reported that this is the second reading of the ordinance to provide an easement to the public safety center to allow Verizon to provide phone service. He stated that the easement is 10 feet wide, and advised that there have been no changes since the first reading. There was no discussion on this item. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None ORDINANCE 052306-5 AUTHORIZING CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA INC. ON PROPERTY OWNED BY 442 May 23, 2006 THE BOARD OF SUPERVISORS (TAX MAP #036.16-01-11.1) TO PROVIDE TELEPHONE SERVICE TO NEW PUBLIC SAFETY CENTER IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, Roanoke County is constructing a new Public Safety Center on Cove Road and requires telephone service to this building; and, WHEREAS, Verizon Virginia Inc. (Verizon) requires a right-of-way and easement for installation, maintenance, inspection and removal of a communications system along with a Service Easement ten feet (10') in width through the Roanoke County property, designated on the Roanoke County land records as Tax Map #036.16-01-11.1 and located at 5925 Cove Road, Roanoke, Virginia, in the Catawba Magisterial District; and, WHEREAS, the proposed right-of-way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on May 9, 2006, and a second reading was held on May 23, 2006. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Verizon Virginia, Inc. for the provision of telephone service, also designated as a communication system, in connection with Roanoke County's construction of the new Public Safety Center at 5925 Cove Road, Roanoke, Virginia, in the Catawba Magisterial District. 3. That donation to Verizon Virginia Inc. of an easement and right-of-way for placement of a communication system and related above-ground equipment, and a "10' Service Easement, the centerline of which shall be the communications system facilities as installed", on the County's property (Tax Map #036.16-01-11.1) extending from Cove Road in the Catawba Magisterial District as shown on Verizon Drawing No. BCC-88604- R, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 4. That the County Administrator, or Joseph B. Obenshain, Senior Assistant County Attorney, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None May 23, 2006 443 IN RE: SECOND READING OF ORDINANCE AND ADOPTION OF PROPOSED BUDGET .1:. Resolution adootina the fiscal year 2006-2007 budaet. includina the fiscal year 2007-2011 Caoitallmorovement Proaram (CIPl. for Roanoke County. Virainia. (Brent Robertson. Director of Manaaement and Budaet) R-052306-6 Mr. Robertson stated that the resolution will approve the fiscal year 2006- 2007 budget which includes the school's budget. He indicated that the proposed budget was submitted to the Board and a public hearing was held on April 25, 2006. He advised that the fiscal year 2007-2011 Capital Improvement Program (CIP) was prepared in conjunction with the fiscal year 2006-2007 budget and is included as part of this resolution. He stated that a summary of the CIP program was included in the agenda packet. Mr. Robertson advised that adoption of the CIP does not represent an appropriation of funds; that will be handled through the appropriation ordinance and represents the first year of the CIP. Mr. Robertson reported that approval of the County budget is for informative and fiscal planning purposes only and does not actually commit or appropriate funds for expenditure. The commitment of funds will not occur until the second reading and approval of the 2006-2007 appropriation ordinance. He stated that 444 May 23, 2006 staff recommends adoption of the fiscal year 2006-2007 budget and fiscal year 2007- 2011 CIP. Supervisor Wray remarked that the Board has thoroughly reviewed the budget and does not want it to appear to citizens that they have not had questions regarding this matter. Supervisor Flora moved to adopt the resolution. Supervisor Church thanked Mr. Robertson for separately identifying the funds being allocated to Explore Park. He advised that this has been a point of contention for him since the Board decided that they would not appropriate any additional funds for this purpose beyond the end of fiscal year 2005-2006. He indicated that he realizes there is a need to safeguard the existing structures and employees; however, he does not support allocating taxpayer funds to Explore Park which is a potentially private investment. He noted that there are at least three Board members who support this allocation, but he stated that the Board should have stuck with their previous commitment to not allocate any additional funding to Explore Park beyond June 31, 2006. Supervisor Altizer advised that the original commitment made by the Board was $500,000 per year and this amount has been reduced to $200,000. He indicated that there is still potentially $100,000 that could come to Explore Park from the state for fiscal year 2006-2007. He stated that Explore Park currently has a deficit of $49,000 in their budget; however if the state funding comes through, the Board has May 23, 2006 445 agreed that the County's allocation to Explore Park for fiscal year 2006-2007 could be reduced accordingly. Mr. Robertson stated that for purposes of clarification, there is $300,000 in the 2006-2007 budget for Explore Park. Supervisor Altizer advised that he meant to state it has been reduced by $200,000. He stated that it is his hope that Mr. VanderMaten will make a decision regarding Explore Park by next year. Supervisor Flora's motion to adopt the resolution carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 052306-6 APPROVING THE FISCAL YEAR 2006-2007 BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, Section 15.2-2503 of the 1950 Code of Virginia, as amended, provides that the governing body of the County shall prepare and approve an annual budget; and WHEREAS, said budget shall be prepared and approved for informative and fiscal planning purposes only; and WHEREAS, this budget contains a complete itemized and classified plan of all contemplated expenditures and all estimated revenues and borrowings for the ensuing fiscal year; and WHEREAS, a brief synopsis of said budget was published as required by the provisions of Section 15.2-2506 of the State Code, and the public hearing as required thereon was held on April 25, 2006. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia: 1. That there is hereby approved the annual budget for Fiscal Year 2006- 2007 for Roanoke County, Virginia, as shown on the attached Schedules. 2. That the preparation and approval of this budget is for informative and fiscal planning purposes only. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: 446 May 23, 2006 AYES: NAYS: Supervisors McNamara, Church, Altizer, Flora, Wray None 2. Second readina of an ordinance aoorooriatina the funds for the fiscal year 2006-2007 budaet. (Brent Robertson. Director of Manaaement and Budaetl 0-052306-7 Mr. Robertson advised that the fiscal year 2006-2007 budget was presented to the Board of Supervisors on April 25, 2006. He stated that there have been some adjustments to the appropriation ordinance since the first reading which resulted in a net decrease of $102,992. He stated that the detail of these adjustments is as follows: (1) The school fund budgets decreased by $117,509 as a result of the original budget that was submitted being higher; it has now been reduced based on the latest information from the state. (2) There was an increase for the Salem Bank and Trust Social Services building of $14,517. He noted that as they were reconciling the final budget numbers, they found that the revenue numbers had not been adjusted. The related expenditure of this goes into the transfer to debt service to cover the debt payments on that building, as well as some of the maintenance costs. Mr. Robertson advised that the total County budget is $324,656,020 and includes all inter-fund and intra-fund transfers. The budget net of transfers is $239,788,675. He indicated that staff recommends adoption of the fiscal year 2006-2007 budget appropriation ordinance. There was no discussion on this item. May 23, 2006 447 Supervisor Altizer moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None ORDINANCE 052306-7 APPROPRIATING FUNDS FOR THE 2006-2007 FISCAL YEAR BUDGET FOR ROANOKE COUNTY, VIRGINIA WHEREAS, upon notice duly published in the newspaper, a public hearing was held on April 25, 2006 concerning the adoption of the annual budget for Roanoke County for fiscal year 2006-2007; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, approved said budget on May 23,2006, pursuant to the provisions of Section 13.02 of the Roanoke County Charter and Chapter 25 of Title 15.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the first reading of this appropriation ordinance was held on May 9, 2006, and the second reading of this ordinance was held on May 23,2006, pursuant to the provisions of Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following appropriations are hereby made from the respective funds for the period beginning July 1, 2006, and ending June 30, 2007, for the functions and purposes indicated: County of Roanoke Adopted FY 2006-2007 Budget May 23, 2006 Revenues: General Fund: General Government Comprehensive Services E-911 Maintenance Law Library Life Skills Mentoring Program SB& T -Social Services Building Recreation Fee Class Internal Services County Garage Total General Fund $ 151,667,991 5,976,206 883,959 41 ,648 289,718 444,580 988,589 3,646,397 376,702 $ 164,315,790 448 May 23,2006 Debt Service Fund - County $ 4,468,740 Capital Projects Fund Beginning Balance $ 1,000,000 Transfer from General Fund 4,153,442 Total Capital Projects Fund $ 5,153,442 Internal Service Fund - Risk Management $ 971,706 School Funds: Operating $ 127,332,873 Nutrition 4,640,000 Capital 1,153,676 Debt 9,403,876 Regional Alternative School 500,437 Laptop Insurance Reserve 399,495 Grant 5,013,800 Textbook 1,302,185 Total School Fund $ 149,746,342 Total All Funds $ 324,656,020 Expenditures: General Government: General Administration Board of Supervisors $ 376,293 County Administrator 279,344 Public Information 237,267 Asst. Co. Administrators 351,339 Human Resources 599,395 County Attorney 485,168 Economic Development 648,938 Total General Administration $ 2,977,744 Constitutional Officers Treasurer $ 743,634 Commonwealth Attorney 764,594 Commissioner of the Revenue 729,728 Clerk of the Circuit Court 956,528 Sheriff's Office 1,616,076 Care & Confinement of Prisoners 4,911,032 Total Constitutional Officers $ 9,721,592 Judicial Administration Circuit Court $ 197,068 General District Court 40,878 Magistrate 1,655 J&DR Court 13,429 Court Service Unit 857,405 May 23, 2006 449 Total Judicial Administration $ 1,110,435 Management Services Real Estate Assessments $ 905,852 Finance 1,200,855 Public Transportation 330,476 Management and Budget 258,492 Procurement Services 393,089 Total Management Services $ 3,088,764 Public Safety Police $ 10,565,379 Fire and Rescue 10,328,512 Total Public Safety $ 20,893,891 Community Services General Services $ 312,148 Solid Waste 4,720,891 Community Development 4,869,454 Building Maintenance 1,972,503 Total Community Services $ 11,874,996 Human Services Grounds Maintenance $ 2,020,199 Parks and Recreation 2,723,079 Public Health 509,668 Social Services 7,115,557 Contributions-Human Service, Cultural, Tourism 686,491 Library 2,502,514 V A Cooperative Extension 94,129 Elections 286,745 Total Human Services $ 15,938,382 Non-Departmental Employee Benefits $ 3,207,822 Miscellaneous 1,041,500 Internal Service Charges 3,371,223 Total Non-Departmental $ 7,620,545 Transfers to Other Funds Transfer to Debt - General & Schools $ 10,686,888 Transfer to Capital 4,153,442 Transfer to Schools 58,813,115 Transfer to Schools - Dental Insurance 427,299 Transfer to Internal Services 971,706 Transfer to Comprehensive Services 3,153,000 Transfer to County Garage 136,192 Total Transfers to Other Funds $ 78,341,642 Unappropriated Balance 450 May 23, 2006 Board Contingency $ 100,000 Total General Government $ 151,667,991 Comprehensive Services $ 5,976,206 E-911 Maintenance $ 883,959 Law Library $ 41 ,648 Life Skills Mentoring Program $ 289,718 SB& T -Social Services Building $ 444,580 Recreation Fee Class $ 988,589 Internal Services Management Information Systems $ 3,066,623 Communications 579,774 County Garage 376,702 Total Internal Services $ 4,023,099 Total General Fund $ 164,315,790 Debt Service Fund - County $ 4,468,740 Capital Projects Fund $ 5,153,442 Internal Services Fund - Risk Management $ 971,706 School Funds: Operating $ 127,332,873 Nutrition 4,640,000 Capital 1,153,676 Debt 9,403,876 Regional Alternative School 500,437 Laptop Insurance Reserve 399,495 Grant 5,013,800 Text Book 1,302,185 Total School Funds $ 149,746,342 Total All Funds $ 324,656,020 May 23, 2006 451 2. That the County Administrator may authorize or delegate the authorization of the transfer of any unencumbered balance or portion thereof from one department to another. 3. That all funded outstanding encumbrances, both operating and capital, at June 30, 2006, are re-appropriated to the 2006-2007 fiscal year to the same department and account for which they are encumbered in the previous year. 4. That appropriations designated for capital projects will not lapse at the end of the fiscal year but shall remain appropriated until the completion of the project or until the Board of Supervisors, by appropriate action, changes or eliminates the appropriation. Upon completion of a capital project, staff is authorized to close out the project and transfer to the funding source any remaining balances. This section applies to appropriations for Capital Projects at June 30, 2006, and appropriations in the 2006- 2007 budget. 5. That all school fund appropriations remaining at the end of the 2005-2006 fiscal year not lapse but shall be appropriated to the School Capital Fund in fiscal year 2006-2007 as follows: a.) Two-thirds of the year end balance in the school operating fund will be allocated to the Major School Capital Reserve; b.) One-third of the year end balance in the school operating fund, not to exceed $1,000,000, will be allocated to the Minor School Capital Reserve; c.) If the one-third allocation to the Minor School Capital Reserve exceeds $1,000,000, the excess will be added to the Major School Capital Reserve. 6. That all General Fund unexpended appropriations at the end of the 2005- 2006 fiscal year not lapse but shall be re-appropriated, as provided by Resolution 122104-4, as follows: a) 40% of these unexpended appropriations shall be transferred to the un- appropriated Minor County Capital Fund Reserve; b) 60% of these unexpended appropriations shall be re-appropriated to the same department for expenditure in fiscal year 2006-2007. 7. That all General Fund revenues collected in excess of appropriated revenues shall be re-appropriated, as provided by Resolution 122104-5, as follows: a.) Revenues in excess of budget will first be allocated to the General Fund Unappropriated Balance, until the maximum amount for the current year is met, as specified in the General Fund Un-appropriated Balance Policy, as adopted by Resolution 122104-2; b.) The remainder of revenues in excess of budget will then be allocated to the Major County Capital Fund Reserve 8. Rescue fees collected by the Fire & Rescue Department in excess of budgeted amounts will be re-appropriated and allocated to the Fire and Rescue Capital Reserve. 452 May 23, 2006 9. That Two Million Dollars from the Unappropriated Fund Balance is hereby appropriated to a Reserve for Contingency for unanticipated or emergency expenditures that may arise during the 2006-2007 fiscal year; and money allocated to the Reserve for Contingency must be appropriated by the Board of Supervisors before such money may be expended. 10. This ordinance shall take effect July 1,2006. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: APPOINTMENTS 1:. Board of Zonina Acceals IAccointed ~ District) Chairman Wray advised that Eldon L. Karr, Windsor Hills Magisterial District, has agreed to serve an additional five-year term that will expire on June 30, 2011. He stated that confirmation of this appointment has been placed on the consent agenda. 2. Court Community Corrections Alcohol Safety Action Proaram Policv Board Chairman Wray advised that Ray Lavinder has agreed to serve an additional two-year term that will expire on June 30, 2008. He stated that confirmation of this appointment has been placed on the consent agenda. 3. Parks. Recreation. and Tourism Advisory Commission IAccointed ~ District) Chairman Wray advised that Paul D. Bailey, Windsor Hills Magisterial District; Roger L. Falls, Vinton Magisterial District; and Deborah George, Hollins Magisterial District, have agreed to serve additional three-year terms that will expire on May 23,2006 453 June 30, 2009. He stated that confirmation of these appointments has been placed on the consent agenda. Supervisor Church advised that Donna Wooldridge, Catawba Magisterial District, has indicated that she is willing to serve an additional three-year term. He requested that confirmation of this appointment be added to the consent agenda. Supervisor Church thanked Robert List for his service on the Parks, Recreation, and Tourism Advisory Commission, and advised that Mr. List has indicated that his job duties will make him unable to serve an additional term. 4. Roanoke Vallev Convention and Visitors Bureau Board of Directors Chairman Wray advised that Pete Haislip has agreed to serve an additional two-year term that will expire on June 30, 2008; Elmer Hodge has agreed to serve an additional three-year term that will expire on June 30, 2009. He stated that confirmation of these appointments has been placed on the consent agenda. 5. Roanoke Vallev Detention Commission Chairman Wray advised that John M. Chambliss has agreed to serve an additional four-year term that will expire on June 30, 2010. He stated that confirmation of this appointment has been placed on the consent agenda. 454 May 23, 2006 6. Roanoke Valley-Alleahany Reaional Commission Chairman Wray advised that the three-year term of Lee Osborne will expire on June 30, 2006. He noted that several individuals have expressed an interest to him in serving on this committee. 7. Virainia Western Community Colleae Board Chairman Wray advised that the four-year term of Joseph C. "Joe" Thomas, Sr. will expire on June 30, 2006. Supervisor Church stated that he had originally nominated Mr. Thomas for this position. He indicated that he has been in discussion with Mr. Thomas and Dr. Robert Sandel, President of VWCC, regarding Mr. Thomas serving an additional term. 8. Virainia's First Reaionallndustrial Facility Authority Chairman Wray advised that the four-year terms of Richard C. Flora and Joseph B. "Butch" Church, alternate member, will expire on June 30, 2006. He further advised that the two-year terms of Doug Chittum and Jill Loope, alternate member, will expire on June 30, 2006. No action was taken with respect to these appointments. 9. Western Virainia Water Authority Board of Directors Chairman Wray advised that following discussion in closed session on May 9, it was the consensus of the Board to appoint Donald L. Davis to serve a four- year term that will expire on June 30, 2010. He stated that confirmation of this appointment has been placed on the consent agenda. It was noted that Mr. Davis sent a letter to the Board expressing regrets that he was unable to attend the meeting today. May 23, 2006 455 IN RE: CONSENT AGENDA R-052306-8; R-052306-8.b Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 052306-8 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 May 23, 2006, 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 9, inclusive, as follows: 1. Approval of minutes - April 25 and May 9,2006 2. Confirmation of committee appointments 3. Resolution to approve the conditions of the Virginia Juvenile Community Crime Control Act (VJCCCA) grant for fiscal year 2006-2007 and to allow participation by the City of Salem 4. Request to accept the donation of an approximately 685 square foot drainage easement across property of Harold E. Ferguson and Edith H. Ferguson, Lot 11, Block 1, Section 1, Castle Hills Development, Cave Spring Magisterial District 5. Request to accept the donation of an approximately 2,332 square foot drainage easement across property of Susan Conner Flanigan traversing Lot 12, Block 1, Section 1, Castle Hills Development, Cave Spring Magisterial District 6. Request to accept the donation of an approximately 149 square foot drainage easement across property of Craig S. and Donna R. Sellers traversing Lot 9, Block 1, Section 1, Castle Hills Development, Cave Spring Magisterial District 7. Request to accept the donation of an approximately 563 square foot drainage easement across property of John G. Walker and Mary S. Walker traversing Lot 10, Block 1, Section 1, Castle Hills Development, Cave Spring Magisterial District 456 May 23, 2006 8. Request from the schools to accept and appropriate grant funds, contributions, and Medicaid funds totaling $98,948 9. Request from the Libraries to accept and appropriate an early literacy grant in the amount of $250 from the Library of Virginia 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 052306-8.b TO APPROVE THE CONDITIONS OF THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT (VJCCCA) GRANT FOR FISCAL YEAR 2006-2007 AND TO ALLOW PARTICIPATION BY THE CITY OF SALEM WHEREAS, the County of Roanoke has participated in the Virginia Juvenile Community Crime Control Act (VJCCCA) program in the past allowing the Court Service Unit to provide direct services, treatment programs, substance abuse services and probation activities associated with the Juvenile Court; and WHEREAS, through the Life Skills Mentoring Program of the Roanoke County Court Services Unit, the grant funds have been administered to assist the court by providing counseling services, drug screens, intensive supervision, community service, restitution and other needed services, and WHEREAS, the Court Services Unit of the Juvenile Court serves the youth of both the County of Roanoke and the City of Salem, and WHEREAS, the Court Services Unit desires to provide services through the Life Skills Mentoring Program to serve the youth of both the County of Roanoke and the City of Salem utilizing the funding from the VJCCCA grant and other appropriate funds. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, will participate in the Virginia Juvenile Community Crime Control Act for Fiscal Year 2006-2007 and will accept said funds, appropriating them for the purpose set forth in this Act until it notifies the Department of Juvenile Justice, in writing, that it no longer wishes to participate in the program. BE IT FURTHER RESOLVED that the County Administrator or the Assistant County Administrator is hereby authorized to execute a local plan on behalf of the County of Roanoke and City of Salem; and BE IT FURTHER RESOLVED that the County of Roanoke will combine services and grant resources with the City of Salem, and the County, as operator of the Life Skills Mentoring Program, will serve as fiscal agent for these localities. May 23, 2006 457 On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 1:. General Fund UnaDDroDriated Balance 2. CaDital Reserves 3. Reserve for Board Continaencv 4. Future CaDital Proiects 5. Accounts Paid = ADril 2006 6. Statement of eXDenditures and estimated and actual revenues for the month ended ADril 31. 2006 7. Public Safety Center Buildina Proiect Budaet ReDort 8. Public Safety Center Buildina Proiect Chanae Order ReDort N RE: CLOSED MEETING At 3:40 p.m., Supervisor Wray moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made; Section 2.2-3711 A (1) discussion of the salaries of specific public officers; 458 May 23,2006 and Section 2.2-3711 A (30) discussion regarding the terms and scope of a public contract where discussion in open session would adversely affect the bargaining position or negotiating strategy of the County, namely an agreement with the City of Roanoke concerning regional fire and rescue service delivery. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: CLOSED MEETING The closed meeting was held from 4:00 p.m. until 4:39 p.m. IN RE: CERTIFICATION RESOLUTION R-052306-9 At 7:04 p.m., Supervisor Wray moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 052306-9 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: May 23, 2006 459 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 Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS .1: Resolution of appreciation to Marvin B. Freeman. Sheriff's Office. upon his retirement followina twenty-five years of service R-052306-10 Chairman Wray presented the resolution to Mr. Freeman. Also present was Mrs. Freeman. Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 052306-10 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO MARVIN B. FREEMAN, SHERIFF'S OFFICE, UPON HIS RETIREMENT AFTER TWENTY-FIVE YEARS OF SERVICE WHEREAS, Marvin B. Freeman was employed by Roanoke County on July 1, 1980, as a Deputy Sheriff - Corrections Division in the Sheriff's Office; and WHEREAS, Lieutenant Freeman was promoted to Corporal on March 16, 1981; to Sergeant on May 5, 1982; and to Lieutenant Chief Corrections Officer on September 14, 1992; and 460 May 23,2006 WHEREAS, Lieutenant Freeman retired from Roanoke County on April 1, 2006, after twenty-five years and nine months of service; and WHEREAS, the public safety of Roanoke County citizens is assured by dedicated employees such as Lieutenant Freeman; and WHEREAS, Lieutenant Freeman is highly respected by his co-workers in the Sheriff's Office for his dedication and teamwork; and WHEREAS, Lieutenant Freeman, through his desire to be of service and do a good job for the citizens in his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to MARVIN B. FREEMAN for more than twenty-five years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 2. Certificate of recoanition to Jordan Anderson. Hidden Valley Hiah School. for winnina the Men's 100 Butterfly State Swimmina Chamoionshio Chairman Wray presented the certificate of recognition to Mr. Anderson. Also present were Mr. and Mrs. Anderson and Sheri Vaughn, Head Coach. 3. Certificate of recoanition to Jared Stowers. Corey Chandler. Jordan Anderson. and Kevin Lynch. Hidden Valley Hiah School. for winnina the Men's 400 Freestyle Relay State Swimmina Chamoionshio May 23, 2006 461 Chairman Wray presented the certificate of recognition to members of the team. Also present were Mr. and Mrs. Anderson, Ms. Chandler, and Sheri Vaughn, Head Coach. IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1: Continued until June 27. 2006. at the reauest of the petitioner. Second readina of an ordinance to rezone 4.75 acres from R-3C. Medium Densitv Multi-Familv Residential District with conditions. to R3. Medium Densitv Multi-Familv Residential District. for the construction of ~ townhouse-condominium residential development located on Route 419 near its intersection with Stonevbrook Drive and Bridle Lane. Windsor Hills Maaisterial District. upon the petition of Cherney Development Company. Inc. (Janet Scheid. Chief Planner) Chairman Wray advised that this item has been continued until June 27, 2006 at the request of the petitioner. 2. Continued until June 27. 2006. at the reauest of the petitioner. Second readina of an ordinance to rezone 4.8 acres from C-2C, General Commercial District with conditions. to C2. General Commercial District. and to obtain ! special use permit for the operation of ~ reliaious assemblv located at 7342 Plantation 462 May 23,2006 Road. Hollins Maaisterial District. uoon the oetition of Beacon Baotist Church. (Janet Scheid. Chief Planner) Chairman Wray advised that this item has been continued until June 27, 2006 at the request of the petitioner. 3. Continued until July 25. 2006. at the reauest of the oetitioner. Second readina of an ordinance to obtain! soecial !:!!!. oermit for the ooeration of ! reliaious assembly located at 6430 Kelley Street. Catawba Maaisterial District. uoon the oetition of Bethel Assembly of God. (Janet Scheid. Chief Planner) Chairman Wray advised that this item has been continued until July 25, 2006 at the request of the petitioner. 4. Second readina of an ordinance to rezone .241 acres from R-1. Low Density Residential District. to C-2C. General Commercial District with conditions. and to rezone aooroximately .44 acres from C-2C. General Commercial District with conditions. to C2C. General Commercial District with conditions. for the construction of ! oarkina lot located at 3604 Brambleton Avenue. Cave Sorina Maaisterial District. uoon the oetition of Lawrence A. Goldstein. (Janet Scheid. Chief Planner) 0-052306-11 May 23,2006 463 Ms. Scheid advised that the subject parcel was originally rezoned in 1983 for use as the Bear Trap Inn restaurant. She stated that a variety of general restaurants have operated from the site in the past 23 years and from the beginning, parking has been an issue. She indicated that the purpose of this rezoning is to expand the parking lot to accommodate more customers. The structure contains approximately 4,300 heated square feet and was originally constructed in 1925. The petitioner does not plan any exterior alterations for the building, and the concept plan submitted with this rezoning petition indicates an additional 19 gravel parking spaces to be built on the rear .241 acre parcel currently being requested to be rezoned from R-1 to C-2. Ms. Scheid indicated that the concept plan provides for an entrance only access point from Brambleton Avenue with one-way traffic flow southward and angled re-striping of parking spaces on the existing parking lot west of the building. The one- way vehicle flow continues into the proposed new parking area where 19 additional parking spaces are shown. The proposed one-way flow ends with a full service enter/exit access point on Custis Avenue. This access point would have ground markings and left turn only directional signs, as well as six-inch high curbing. This is contingent upon VDOT approval since these improvements would have to be made in the VDOT right-of-way. Ms. Scheid advised that the petitioner's engineer has stated that stormwater management will be achieved by underground storage methods. A neighborhood meeting was held on April 5 and citizens met with the petitioner, the petitioner's engineer, and County representatives to discuss the rezoning. Key topics 464 May 23, 2006 that were discussed included the following: drainage in the immediate area; on and offsite traffic; the restaurant's seating capacity; screening and buffering; potential exterior lighting; and the shared parking agreement that was held at one time with the adjoining property to the west. Ms. Scheid reported that the Planning Commission heard this petition on May 2, 2006, and approved it with the following five proffered conditions: (1) The Brambleton Avenue access shall display an "enter only" sign in addition to pavement markings; the Custis Avenue access shall display "left turn only" signage exiting the parking area in addition to pavement markings and a raised median prohibiting right turns exiting the site contingent upon VDOT review and approval. (2) Total site signage shall not exceed 250 square feet excluding directional signs and not more than one freestanding sign shall be permitted. (3) Any new exterior lighting to be installed shall be of a bollard/pathway design approximately three feet in height per "Moldcast" or similar specification. (4) Front yard plantings along the building's north and east sides shall be installed per ordinance, Section 30-92-6(8) 2. (5) No outdoor seating shall be permitted. Ms. Scheid advised that the petitioner and his engineer were present at the meeting. Sean Horn, Balzer and Associates, provided the Board with a copy of the concept plan showing the raised median. He stated that several proffers were submitted at the Planning Commission and he noted that stormwater management and access onto Custis Avenue were the main concerns voiced by the neighbors. He May 23, 2006 465 advised that the petitioner will limit right turns out of the premises onto Custis Avenue; they are also providing significant buffering and landscaping around the lot. Mr. Horn stated that stormwater management will be handled underground and will be resolved with the engineering plans. He indicated that Mr. Goldstein, the owner, was present to answer any questions. Mr. Goldstein stated that he is requesting that the Board approve the rezoning and expressed appreciation for the time the Planning Department has spent with them to ensure that no disservice is done to the neighborhood. He stated that he is hopeful that he will be able to accomplish what has been requested and that it will be positive for the neighborhood. He indicated that at the last meeting, no one spoke in opposition to the petition and it is his hope that they have addressed everyone's concerns. There were no citizens present to speak on this item. Supervisor Wray requested information regarding the 0.5 foot candle lighting. Mr. Horn stated that this is the County standard for measuring the light level at the property line. Ms. Scheid advised that the zoning ordinance requires no greater than this light level at the property line. Supervisor Wray inquired if this light level would ensure that the light would not spill over into the adjoining properties. Ms. Scheid responded in the affirmative and stated that the light level can not be any greater than 0.5 foot candle at the property line. 466 May 23,2006 Supervisor Wray questioned if the proper number of parking spaces per seats in the restaurant is being met. Mr. Goldstein stated that the ordinance requires one parking space per four customers and one-half space per employee on the busiest shift. He stated that they understand that they cannot exceed this capacity and believe that they can fully accommodate at least the lower level seating capacity in the restaurant. Mr. Goldstein advised that it is possible that they might be able to obtain additional parking, and he noted that they do not currently have a cross-parking easement with the neighbor. They have begun speaking with adjoining property owners and others within close proximity regarding use of their property for employee parking. He stated that if they are able to accomplish this, they could use all the spaces at the site for patrons. This would then allow them to use some of the upstairs capacity of the restaurant. Supervisor Wray requested information regarding the fence along the rear of the property line and the associated landscaping. Mr. Goldstein stated that the County is requiring an 18 foot buffer that is heavily landscaped. He stated that the present plans call for landscaping in excess of the County's requirements. Mr. Goldstein advised that he had raised some questions regarding the exact placement of trees due to the location of the sewer line, and he stated that the County has advised that they will work with him regarding the location of the trees as long as the required number of trees and shrubs are planted. He further advised that they will have a strip along Custis Avenue, as required by the County, and the plans call for more May 23, 2006 467 landscaping in that area than the County requires. He indicated that there will be at least a 6 foot fence along the property line that will be arranged in a manner that is acceptable to the Planning Department. Supervisor Wray stated that he attended the community meetings on this matter, and he advised that this is an example of how to proceed with a project. He indicated that Mr. Goldstein listened to input from the citizens and this is how the process should work with everyone working together. Supervisor Wray questioned if it is Mr. Goldstein's intent to develop the site as a family restaurant. Mr. Goldstein stated that he is not a restaurateur and he will not be the operator of the restaurant. He indicated that it is his intent to either rent or sell the property, and the type of restaurant has not been specified. It is his hope that the restaurant will be a family type restaurant, and he indicated that it is not anticipated to be a chain restaurant. He advised that it will be appealing to the neighborhood, and he would be proud if it were to be similar to the former restaurant in this location. Supervisor McNamara noted that this is an existing building and questioned if the use does not change, does the petitioner have to meet the parking requirements. Ms. Scheid advised that the petitioner does have to meet the parking requirements; however, they should not have any problems doing so and she indicated that they are showing 37 spaces at this time. She noted that the business has been closed for some time and that when it reopens, it will need to meet all the parking requirements in the ordinance. She indicated that they been able to do this in the past 468 May 23, 2006 with the use of cross-access easements and advised that Mr. Goldstein in pursuing other avenues to obtain the additional parking that is needed. Supervisor McNamara inquired if the petitioner is able to work out a cross-access easement with the adjoining property, does this make the neighboring properties out of compliance with the ordinance. Ms. Scheid stated that the ordinance allows for this type of reciprocal agreement; the neighboring property is an office complex and generally, the peak hours for the restaurant are at times when the offices are closed. She stated that in the past, this type of arrangement was in place. The County allows for this in an attempt to minimize the amount of asphalt and pavement in the County, and she noted that this approach is sometimes used with church parking lots. Supervisor McNamara stated that he thought that once the use was established as a restaurant that they did not have to meet new code requirements. Ms. Scheid indicated that this is due in part to the fact that the restaurant has been closed for a period of time; further, she noted that part of the reason this site has not been entirely successful for a series of restaurants is due to the lack of parking. She advised that Mr. Goldstein recognizes that it is not in his best interest to open the business without sufficient parking for the patrons. Supervisor McNamara concurred and stated that this is clearly the best way to take care of the neighbors. He reflected on the various issues that have arisen in the past due to parking along Custis Avenue. He stated that if someone has a restaurant that is in compliance and closes down, if this petition is not approved and May 23, 2006 469 there is insufficient parking, then the restaurant is essentially useless due to the change in County Code. Ms. Scheid stated that if that were to occur, the County would try to work with the owner to address the issue through cross-access agreements or other methods to attempt to resolve the problem to the benefit of all parties. Supervisor McNamara noted that in Roanoke City there are numerous restaurants with limited parking, and he stated that cars park along the streets. He indicated that if you have an existing building and the use has not changed, the County should not make the property subject to new regulations. Mr. Mahoney advised that the theory is a non-conforming use. He stated that if you have a use that is permissible at the time you start the business and government changes the rules, you then become a non-conforming use. If the use is discontinued for a period of time, you lose the non-conforming use status. He stated that in general if you have a non-conforming use and you sell the business, the mere transfer of the business will not cause you to lose the non-conforming use status. Mr. Mahoney stated that in this situation, the business has been closed for a lengthy period of time; and further, Mr. Goldstein was trying to resolve the inherent difficulties with the site and create a more positive situation for the future sale or lease of the property. Mr. Mahoney indicated that Mr. Goldstein recognized that there were difficulties with the cross parking situation and part of this will solve a neighborhood problem and make it more appealing to a future lessee or purchaser. 470 May 23, 2006 Supervisor Wray questioned if the property is leased, will the proffered conditions go with the lease. Mr. Mahoney advised that the conditions are attached to the land and move with the land; they are not personal to the owner. Supervisor Wray moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None ORDINANCE 052306-11 TO REZONE 0.241 ACRES FROM R-1, LOW DENSITY RESIDENTIAL DISTRICT, TO C-2C, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, AND TO REZONE APPROXIMATELY 0.44 ACRES FROM C-2C, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, TO C-2C, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, LOCATED AT 3604 BRAMBLETON AVENUE (TAX MAP NOS. 77.13-1-1 AND 77.13-1-2), CAVE SPRING MAGISTERIAL DISTRICT, UPON THE APPLICATION OF LAWRENCE A. GOLDSTEIN WHEREAS, the first reading of this ordinance was held on April 25, 2006, and the second reading and public hearing were held May 23, 2006; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on May 2, 2006; 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 0.241 acres, as described herein, and located at 3604 Brambleton Avenue (Tax Map Number 77.13-1-1) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-2C, General Commercial District with conditions. 2. That the zoning classification of a certain tract of real estate containing 0.44 acres, as described herein, and located at 3604 Brambleton Avenue (Tax Map Number 77.13-1-2) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C-2C, General Commercial District with conditions, to the zoning May 23,2006 471 classification of C-2C, General Commercial District with conditions. The following conditions placed on this property in 1983 are hereby removed: (1) Entrance only off Brambleton Avenue. Exist only on Custis with appropriate marking. Zoned for use as a restaurant - if operation ceases, zoning is to (2) revert to B-1. 3. That this action is taken upon the application of Lawrence A. Goldstein. 4. 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) The Brambleton Avenue access shall display an "enter only" sign in addition to pavement markings. The Custis Avenue access shall display "left turn only" signage, pavement markings and a raised median prohibiting right turns exiting the site contingent upon VDOT review and approval. (2) Total site signage shall not exceed 250 square feet excluding directional signs and not more than one freestanding sign shall be permitted. (3) Any new eXlerior lighting to be installed shall be of a bollard/pathway design approximately three feet in height per "Moldcast" or similar specification. (4) Front yard plantings along the building's north and east sides shall be installed per ordinance Section 30-92-6(B)2. (5) No outdoor seating or dining shall be permitted. That said real estate is more fully described as follows: Parcel One All of a certain 0.2410 acre tract, being a portion of former Lots 22,23 and 24, Block 3, Section 1, Mount Vernon Heights, which tract is to be combined with a 0.320 acre tract to form new Lot 1-A containing 0.5610 acre, all as shown on survey dated 12/27/89, showing the resubdivision of Lots 22, 23, 24 and 1, Block 3, Section 1, Mount Vernon Heights, prepared by Balzer and Associates, Inc. of record in the Roanoke County Circuit Court Clerk's Office in Plat Book 12, page 114. Parcel Two Beginning at an iron pin on the southerly side of Custis Avenue at the division line of Lots 1 and 24, Block 3, according to the Map of Survey #1, Mount Vernon Heights, of record in the above mentioned Clerk's Office in Plat Book 2, page 67; thence leaving Custis Avenue, SW, S 580 00' W 100.00 feet to an iron pin; thence N 32000' W 190.00 feet to an iron pin on the southerly side of Brambleton Avenue, SW; thence along the southerly side of Brambleton Avenue N 580 00' E 75.0 feet to a point; thence S 770 00' E 35.36 feet to an iron pin on the southerly side of Custis Avenue; thence along the southerly side of Custis Avenue S 320 00' E 165.00 feet to the place of beginning, and being the major portion of Lot 1 and 25' of 5. 472 May 23, 2006 Lot 2, Block 3, according to the Map of Survey #1, Mount Vernon Heights, of record as aforesaid. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Wray to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Flora: He congratulated his daughter upon her graduation from the University of Tennessee. He noted that she has been granted an internship in Congressman Goodlatte's office this summer. Supervisor McNamara: (1) He thanked the staff who worked so hard on the County picnic. He stated that it was a beautiful day for everyone to be at Explore Park, and that the employees did a good job organizing the event. (2) He requested that Mr. Hodge have the Parks, Recreation and Tourism Department look into an issue regarding a sign in the Crest Hills subdivision. Supervisor Church: (1) He questioned whether there was a no smoking ordinance in County parks, particularly during youth athletic events. Mr. Mahoney advised that smoking is not allowed in County buildings, but that he would have to research whether this extends to County parks. He stated that one of the issues with some park properties is that they are also School Board property. He stated that under state law, schools have stringent prohibitions on their property. Mr. Mahoney advised May 23, 2006 473 that he will check on this matter and report back to the Board. Supervisor Flora stated that the School Board has a policy of no smoking or tobacco use anywhere on their property, both indoors and outdoors. Supervisor Church stated that he has received complaints in the Green Hill Park area. He indicated that the County needs to determine what our regulations are relative to this matter. Mr. Hodge advised that signs can be posted in the parks clearly designating the rules. (2) He stated that he spoke with Mr. Hodge regarding a citizen who had inquired about whether Roanoke County has any property that they could make available to Habitat for Humanity. Mr. Hodge advised that the County has participated in a few of these projects that have turned out to be great. Mr. Hodge indicated that the County's available well lots were transferred to the Western Virginia Water Authority, but he indicated that staff will review the inventory of properties to determine if there is land that is suitable for this purpose. (3) He thanked Josh Gibson and Bill Richardson for their efforts with citizens' zoning issues. He advised the citizens in the following areas that the County is making progress regarding their concerns: Red Lane Extension, Andrew Lewis Place, Old Catawba Road, and North Lakes. He thanked Mr. Mahoney for his assistance. He noted that we want to give the citizens every chance to be a good neighbor, but sometimes further steps must be taken. (4) He stated that Bill Huff, a resident who lives at Richfield in the Glenvar area, has contacted him a number of times regarding trains blowing their whistles at railroad crossings at night. Supervisor Church requested that the County attempt to provide assistance with this matter, and he referred the inquiry to 474 May 23, 2006 Supervisor Wray, who works for Norfolk Southern, to follow up with Mr. Huff. (5) He read a list of quotes and stated that each of us wants to do the best job that we can to represent everyone. Supervisor Wrav: (1) He advised that a community meeting regarding Springlawn Avenue will be held on Wednesday, May 31 at 7:00 p.m. at Cave Spring Elementary School. (2) He noted that a meeting was held last night with VDOT regarding Colonial Avenue improvements. He stated that a roundabout has been proposed for the intersection of Penn Forest Boulevard and Colonial Avenue, and he noted that the citizens in attendance at the meeting were excited about this possibility. (3) He stated that residents on Meadowlark Road and in the Crescent Heights area will be receiving a letter regarding the 24-hour concrete pour necessary to complete the silos and grain elevators for Mennel Milling Company. He advised that the 24-hour continuous pour is required to prevent any cracks in the seams that could allow water to seep in or contaminate the product. He asked that the citizens bear with the County during the construction phase, and noted that this is necessary for completion of the project. (4) He commended Bill Richardson on his handling of zoning enforcement issues. May 23, 2006 475 IN RE: ADJOURNMENT Chairman Wray adjourned the meeting at 8:08 p.m. Submitted by: Approved by: DJOlOJ ~. C~jrftJJl) Diane S. Childers, CMC Clerk to the Board ~~o.w~~\ Michael A. Wray - "'\ Chairman 476 May 23,2006 This Daae intentionallv left blank.