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HomeMy WebLinkAbout7/22/2008 - Regular July 22, 2008 545 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 July 22, 2008 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 July 2008. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Richard C. Flora, Vice-Chairman Michael W. Altizer, Supervisors Joseph B. "Butch" Church, Joseph P. McNamara, Charlotte A. Moore MEMBERS ABSENT: None STAFF PRESENT: John M. Chambliss, County Administrator; Paul M. Mahoney, County Attorney; Dan O'Donnell, Assistant County Administrator; Wanda G. Riley, Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Dr. George Anderson, Second Presbyterian Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS 546 July 22, 2008 Mr. Mahoney requested that a closed meeting be added pursuant to the Code of Virginia, Section 2.2-3711 (A) (29) discussion or consideration of a public contract or memorandum of understanding involving the expenditure of public funds and discussion of the terms or scope of such contract for the creation of a community development authority and construction of public improvements, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the County. It was the consensus of the Board to add the closed meeting. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Recoanition of Roanoke County Police Officers Shaun P. Chuvka and Soencer D. Lewis for receivina the Virainia Association of Chiefs of Police Award for Valor and presentation of the Roanoke County Medal of Honor Chairman Flora and Police Chief Ray Lavinder presented Certificates of Recognition and Medals of Honor to Roanoke County Police Officers Shaun P. Chuyka and Spencer D. Lewis, and Franklin County Sheriff's Deputies Brad Campbell and Richard Garland in recognition of their receiving the Virginia Association of Chiefs of Police Award for Valor in response to an incident of encountering hostile fire when the driver of a vehicle they were pursuing suddenly stopped, exited the vehicle, and opened fire on them. Deputy Garland was not present at the meeting. The Board members commended the officers and deputies for their quick actions and dedication to their jobs. IN RE: July 22, 2008 547 IN RE: BRIEFINGS .L Briefino to uDdate the Board on the Green Ridoe Mountain Fire. (Richard E. Burch. Jr.. Chief of Fire and Rescue) Chief Burch introduced Fire Captain Tom Bier who summarized the "After- Action Report - The Winds of February 1 0, 2008 and The Green Ridge Forest Fire" (a copy of the report is on file in the Clerk's Office). Captain Bier advised that the Green Ridge Mountain fire burned for ten days and was a major event for the fire department. He explained that the report was prepared in an effort to examine the response to the fire and to learn from their experiences. He noted that the outcome of the fire was excellent as there were no loss of structures and only a few minor injuries. He stated that the fire department received help from other departments within the County, as well as from agencies outside the County. In response to questions from Supervisor Flora, Chief Burch noted that approximately 15 to 16 agencies outside Roanoke County participated in fighting the fire which was contained in approximately 4,000 acres with several miles of fire line. The Board members commended the firefighters, surrounding jurisdictions, and state agencies for their response to the fire. 548 July 22, 2008 REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Flora moved to approve the first readings and set the second readings and public hearings for August 26, 2008. The motion carried by the following recorded vote: IN RE: AYES: NAYS: IN RE: Supervisors Moore, Church, Altizer, McNamara, Flora None 1. First reading of an ordinance uoon the oetition of George Kemo to obtain! special use permit in ! C-2. General Commercial District. to operate ! drive-in and fast food restaurant on 1.56 acres located at 31 OO-B Peters Creek Road. Catawba Maaisterial District 2. First reading of an ordinance uoon the oetition of Bill Hinton to obtain! soecial use permit in ! C-2. General Commercial District. to ooerate ! car wash on 1.11 acres located at 4035 Challenaer Avenue. Vinton Maaisterial District FIRST READING OF ORDINANCES .1: First readina of an ordinance aoorovina the residential lease at the Roanoke Countv Center for Research and Technoloav. Catawba Maaisterial District (Anne Marie Green. Director of General Services) July 22, 2008 549 Ms. Green advised that the County owns residential property at the Center for Research and Technology (CRT) which consists of a log cabin. She explained that the cabin has been rented for security purposes at CRT. She stated that the current one-year lease has ended and ordinarily that would transfer to a month-to-month lease. She explained that the current tenants have requested that the lease be extended for five years on one-year terms if both parties are in agreement. She advised that the cabin currently rents for $700 per month and the rent will remain the same for the next year. She explained that the new lease will provide the County the opportunity to increase the rent at the end of each one-year term using the CPI as the method of calculating the increase. She noted that the funds received from the rental of the cabin are placed in an account and used for maintenance of the cabin. She noted that the kitchen and bathroom have already been renovated and it is anticipated that a new well will need to be drilled in the future. Ms. Green requested the Board approve the first reading and schedule the second reading for August 12, 2008. She noted the lease will be available for the Board's review at the August 12, 2008, meeting. Supervisor Church moved to approve first reading of the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 550 July 22, 2008 IN RE: APPOINTMENTS .1: Caoitallmorovement Proaram (CIP) Review Committee Chairman Flora advised that the following one-year terms will expire on August 31, 2008. Brian Hooker, and Mike Jeffrey are completing their first terms and Steve Campbell is completing his second term. a) Brian Hooker, Catawba District b) Mike Jeffrey, Cave Spring District c) Steve Campbell, Hollins District Supervisor Church requested that Brian Hooker's reappointment to the CIP Committee be added to the consent agenda. It was the consensus of the Board to add the confirmation of this appointment to the consent agenda. 2. Lenath of Service Awards Proaram (LOSAP) for Fire and Rescue Chairman Flora advised that Leon Martin, volunteer member-at-Iarge, submitted his resignation on June 19, 2008, and Craig Sheets, representing the volunteer rescue squads, submitted his resignation effective July 1, 2008. Their four- year terms will expire January 1, 2010. Members of this Board are recommended for appointment by the Volunteer Fire and Rescue Chiefs Board and then confirmed by the Board of Supervisors. It is anticipated that recommendations for appointment will be submitted to the Board of Supervisors by the end of August. July 22, 2008 551 3. Social Services Advisory Board CaDDointed ~ district) Chairman Flora advised that the four-year term of Douglas C. Forbes, Vinton Magisterial District, will expire on July 31, 2008. Mr. Forbes is not eligible for reappointment as he has served two consecutive terms. Supervisor Altizer advised that he should have an appointment to this committee in August. The representative from the Catawba Magisterial District has resigned. This four-year term will expire on July 31, 2009. 4. Western Virainia Water Authoritv Chairman Flora advised that the four-year term of Richard E. Huff, II, member at large, will expire on June 30, 2008. He reported that the at-large members are selected by the majority vote of the other six members of the Board and confirmed by Roanoke City Council and the Roanoke County Board of Supervisors. He further directed that this appointment be removed from future agendas until a replacement is selected by the Western Virginia Water Authority. IN RE: CONSENT AGENDA R-072208-1, R-072208-1.d, R-072208-1.f Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 552 July 22, 2008 RESOLUTION 072208-1 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for July 22, 2008 designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 8, inclusive, as follows: 1. Approval of minutes - April 22, 2008; May 27, 2008; June 24, 2008; and July 8,2008 2. Request to accept and appropriate grant funds in the amount of $47,716 from the Department of Criminal Justice Services for a juvenile justice and delinquency prevention program 3. Request to accept and appropriate $25,723.36 from State Board of Elections as partial reimbursement for the February 12, 2008, Democrat and Republican Presidential Primaries 4. Request to accept and appropriate Federal Grant 09-A5846CR07 in the amount of $49,900 approved under the Criminal Justice Record System Improvement Program from the Department of Criminal Justice Services 5. Request to adopt a resolution updating the County's Rural Addition Priority List by removing Cowman Road (Vinton Magisterial District), Luckado Street (Cave Spring Magisterial District) and Raintree Road (Cave Spring Magisterial District) from the Rural Addition List and adding Ivyland Road (Vinton Magisterial District) and Huffman Lane (Vinton Magisterial District) 6. Request to approve a transient non-community well for the Ballyhack Development (Vinton Magisterial District) 7. Resolution of appreciation to Garry M. Bostic, Parks, Recreation and Tourism Department, upon his retirement after fourteen years of service 8. Confirmation of committee appointment 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 Moore, Church, Altizer, McNamara, Flora NAYS: None July 22, 2008 553 RESOLUTION 072208-1.d UPDATING THE COUNTY'S RURAL ADDITION PRIORITY LIST BY REMOVING COWMAN ROAD, LUCKADO STREET, AND RAINTREE ROAD, AND ADDING IVYLAND ROAD AND HUFFMAN LANE WHEREAS, at its July 8th meeting, the Board of Supervisors was updated by staff on the status of several Rural Addition and Revenue Sharing Projects; and WHEREAS, staff recommended that Cowman Road, Luckado Street and Raintree Road be removed from the Rural Addition List due to a lack of citizen participation, geometries and relocation of existing utilities; and WHEREAS, staff recommends the addition of Ivyland Road and Huffman Lane to the Rural Addition Priority List; and WHEREAS, the Board of Supervisors requested that staff provide updated Rural Addition Priority List for the Board of Supervisors to approve; and WHEAREAS, Ivyland Road and Huffman Lane are required by VDOT to be added to the county's Rural Addition List to receive funding for improvements beyond existing end of state maintenance; and WHEREAS, VDOT has deemed this County's current subdivision control ordinance meets all necessary requirements to qualify this County to recommend additions to the Secondary System of State Highways, pursuant to Section 33.1-72.1, Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board herby remove Cowman Road, Luckado Street and Raintree Road and add Huffman Lane and Ivyland Road to the County's Rural Addition list; and BE IT FURTHER RESOLVED that a certified copy of this resolution and an updated Rural Addition Priority list is forwarded to the Resident Engineer for the Virginia Department of Transportation. Recorded Vote: Moved by: Seconded by: Yeas: Nays: Supervisor Altizer None Reauired Supervisors Moore. Church. Altizer. McNamara. Flora None RESOLUTION 072208-1.f EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO GARRY M. BOSTIC, PARKS, RECREATION AND TOURISM DEPARTMENT, UPON HIS RETIREMENT AFTER FOURTEEN YEARS OF SERVICE WHEREAS, Garry M. Bostic was employed by Roanoke County on March 21, 1994, as a Parks Maintenance Worker; and WHEREAS, Mr. Bostic retired on July 1, 2008, as a highly skilled Motor Equipment Operator I after fourteen years and three months of service to Roanoke County; and 554 July 22, 2008 WHEREAS, Mr. Bostic, through hard work and dedicated employment with Roanoke County, has been instrumental in improving the quality of life of its citizens, by providing a safe and enjoyable experience for the park users of Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County express their appreciation and the appreciation of the citizens of Roanoke County to GARRY M. BOSTIC for more than fourteen years of capable, loyal, and devoted 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 Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: REPORTS Supervisor McNamara moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None .L General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaencv 4. Accounts Paid = June 2008 IN RE: CLOSED MEETING At 3:50 p.m., Supervisor Flora moved to go into closed meeting following the work session pursuant to the Code of Virginia Section 2.2-3711 A (29) discussion of the award of a public contract involving the expenditure of public funds and discussion of the terms or scope of such contract where discussion in open session would July 22, 2008 555 adversely effect the bargaining position or negotiating strategy of the County, namely, an employment contract with a new county administrator; and Section 2.2-3711 (A) (29) of the Code of Virginia discussion or consideration of a public contract or memorandum of understanding involving the expenditure of public funds and discussion of the terms or scope of such contract, for the creation of a community development authority and construction of public improvements, where discussion in open session would adversely effect the bargaining position or negotiating strategy of the County. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: WORK SESSION .1: Work Session on the County's Leaislative Proaram and preparation for the 2009 Session of the Virainia General Assemblv (Paul Mahonev. County Attornev) The work session was held from 4:03 p.m. until 5:05 p.m. County staff present included the following: John Chambliss, County Administrator; and Paul Mahoney, County Attorney. Eldon James, Special Assistant for Legislative Relations, was also present. Mr. Mahoney advised that on May 13, 2008, Mr. James attended a work session with the Board to identify legislative issues for the 2009 session of the General Assembly. He stated that some of the issues identified were (1) the future of Explore 556 July 22, 2008 Park; (2) Virginia Retirement System (VRS) management and investment of funds for post-employment benefits; (3) Comprehensive Services Act and Child Protective Services funding issues; (4) cash proffer system; and (5) land use issues. He noted that in June 2008, the Board held a work session to discuss Community Development Authorities (CDA). He stated that Supervisor Altizer requested that he research to determine if within a CDA there was authority for local governments to exceed the statutory maximum for transient, occupancy, and meals tax. He reported that current legislation allows for up to $0.25 per $100 increase on real estate tax levy within a CDA. He stated that any additional local tax revenues come out of a Tax Increment Financing (TIF). He stated that he was unable to find authority to extend the mandated ceiling on those taxes; however, he advised that Mr. James will speak to the Board on ideas that they may want to pursue. Mr. Mahoney stated that he would like guidance from the Board on the issues to pursue in the 2009 session of the General Assembly. He explained that Mr. James has recommended presenting the County's legislative package to the local legislators in August or September when they are in the Roanoke area and speak to them about the issues the County would like to pursue prior to the opening of the General Assembly since it is difficult to meet with the legislators once the session begins. Mr. James noted that the Board has already increased the transient tax from two percent to five percent, which is the limit. However, he noted that the City of July 22, 2008 557 Virginia Beach has approved an additional tax of $1 per room that will support their marketing program for that area. He noted that the State sold a license plate for Jamestown that generated a significant amount of money to help fund the Jamestown bicentennial celebration. He advised that that there are special taxes in the Richmond metropolitan area to support the convention center. He also briefed the Board on sanitary districts that have been created in some counties in Virginia and encouraged the Board to review the law on sanitary districts. Supervisor Altizer stated that he felt the investors of Explore Park will request a CDA. He asked if there was a possibility of the County being granted an increase in hotel occupancy, meals, and possibly sales tax in a tourist or resort area that is limited to that area in order to get a return on the investment. Mr. James stated that he did not think the current statute would allow the revenues generated to be used to cover previous costs. However, he advised that if the additional revenue sources apply only to that area, the County may be able to recover previous costs, but the Board would need to ask permission to do that. Mr. James advised the Board that other issues before the upcoming General Assembly are proffer impact fees, transfer of development rights, enhanced local authority for blighted structures, and differing real estate tax rates for residential and non-residential properties. He requested that the Board let him know if they are interested in pursuing any of these issues. 558 July 22, 2008 Mr. James stated that H.B. 599 funding could be an issue and noted that just 17 days into the budget year, the State has already placed caps on some of its expenditures. In response to an inquiry from Supervisor McNamara, Mr. James stated that expenditures the state may cut are travel, employee training and education, consulting contracts, economic development and natural resources. He stated that capital projects are handled separately, and if a State capital project has not been put out to bid, it could be delayed to save money. Supervisor Altizer asked Mr. James about the status of the annexation moratorium extension. Mr. James stated that the County needs to be alert to this issue; however, he feels it is not a top priority of the governor. Supervisor Altizer asked about urban development areas. Mr. James stated that the County must identify urban development areas in their comprehensive plan by 2011. There was discussion of homeowners associations and how soon a developer should relinquish the homeowners association to the homeowners. Supervisor Moore provided the Board with a handout on legislation that could help local governments, businesses, nonprofits, and residents reduce their energy use and greenhouse gas emissions. Mr. James noted that the Virginia Municipal League is reviewing some initiatives that may address some of these issues. July 22, 2008 559 Mr. Mahoney asked for guidance from the Board on the issues to pursue in the 2009 session of the General Assembly. Some of the issues discussed were: (1) Community Development Authorities (CDA); (2) future of Explore Park and the Virginia Recreational Facilities Authority; (3) energy saving initiatives; (4) land use issues and the impact on economic development; (5) Comprehensive Services Act (CSA) eligibility and funding requirements; and (6) expanded local taxing authority. Chairman Flora stated that the Board would have a more defined plan by October. IN RE: CLOSED MEETING The closed meeting was held from 5: 13 p.m. until 6:09 p.m. IN RE: CERTIFICATION RESOLUTION R-072208-2 At 7:00 p.m., Supervisor Flora moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 072208-2 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. 560 July 22, 2008 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. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES .1:. Second readina of an ordinance upon the petition of Country Way General Store to obtain ~ Special Use Permit in an AV. AariculturalNillaae Center District. to operate ~ drive-in and fast food restaurant on 1.167 acres. located at 6958 Bent Mountain Road. Windsor Hills Maaisterial District (Philip Thompson. Deputv Director of Plannina) 0-072208-3 Mr. Thompson advised that this request is to operate a fast food restaurant. He noted that the existing 2,700 square foot building has functioned as a community store and gas station for many years. He stated that the petitioner purchased the property in 2006 and has made many upgrades to the building. He noted that Mr. Glick currently prepares pizzas and subs for pickup at the convenience store, and this request for a Special Use Permit will allow him to deliver these products July 22, 2008 561 to his patrons. He stated that the property is within the 100 year flood plain; however, the existing building is not within the floodway. He noted that the surrounding area is rural, and future land use has this property designated rural village. He stated there will be minimal impacts on neighboring streets and properties. He advised that the Planning Commission held a public hearing on July 1, 2008, and there were no citizens to speak. He noted that the Planning Commission had questions and comments regarding traffic access and circulation, lighting, sight distance, number of deliver drivers, landscaping, and parking. He stated that the Planning Commission, by a vote of 5-0, recommended approval of the request with two conditions: (1) The Special Use Permit shall pertain only to the existing Country Way Store, structure, and building footprint; and (2) No drive-through window shall be constructed or utilized; only delivery service shall be permitted. A. J. Glick, the petitioner, stated that this request is to allow Country Way to deliver goods and services that are already in place. He noted that one of the concerns of the Planning Commission was the delivery of alcohol. He stated that, if approved, Country Way would be able to deliver beer and wine to the community. He noted that Country Way serves food and sells convenience store items. He advised that he had invested several hundred thousand dollars in renovating the building. He noted that his initial intent was to have a delivery service; however, this was not allowed under the zoning ordinance at that time. 562 July 22, 2008 Supervisor McNamara asked Mr. Glick what commodity would be his highest percentage of delivery. Mr. Glick responded that initially it would be food service delivery to the home due to the rural nature of the area and the fact there are not a lot of food delivery services in the area. He stated that he would anticipate customers ordering grocery items to be delivered at the same time as the food delivery. He stated that it was not his intention to deliver alcohol only. He stated that he did not see this as being anything other than a service to the community. Supervisor Altizer referred to the one-year ABC License Delivery Permit issued to Mr. Glick by the Virginia Department of Alcoholic Beverage Control (ABC), and asked Mr. Glick what the ABC requires before renewing this permit. Mr. Glick responded that the person delivering beer and wine outside the store must verify that the purchaser is over the age of 21, must document the product they bought and the address it was delivered to, and possibly the price. He advised that this information must be documented and the ABC can request the documentation at their discretion. He stated that the permit will not be renewed unless the documentation is submitted as the ABC requests it. He stated that customers who purchase beer and wine in the store must verify that they are over 21 years of age, but the sale does not have to be documented. Supervisor Church stated that his concern would be the potential for a 22- year old receiving a delivery of alcohol with others under the age of 21 being at the same residence. He stated that this would not be the fault of Mr. Glick, but wanted him July 22, 2008 563 to know that these are the things he is concerned with. He asked Mr. Glick if he had given any thought to this scenario. Mr. Glick stated that he personally does not promote the sale of alcohol. He stated that he would prefer the food items to be the focal point. He stated that there is no difference in a 22-year old driving to the store, buying alcohol, and then taking it to a resident where there are 16-year olds, and his delivery person delivering the alcohol to a 22-year old who takes responsibility for receiving the alcohol by providing proper identification to verify age and documenting that person's name and the address to which it was delivered. Supervisor Church stated that in Mr. Glick's scenario, he would hope that the person having too much to drink would be home as opposed to out on the road. Supervisor Flora asked Mr. Glick if there are any other restrictions on delivery of alcohol other than documenting the delivery. Mr. Glick responded that he was not aware of any other restrictions. Supervisor Flora inquired if he could foresee a serious limitation if he delivered alcohol as an ancillary service along with food as opposed to just delivering alcohol. Mr. Glick stated that he did not intend to deliver alcohol without food. He noted that as a businessman, there is only a 25 percent profit in the sale of alcohol as compared to a 75 percent profit in the sale of food. He stated that he did not think this would change anything in the community except to receive a service they had not received before. 564 July 22, 2008 Supervisor Flora asked Mr. Glick that since this is a request for a Special Use Permit, would he have a problem with a limitation that alcohol delivery would only be with a food delivery. Mr. Glick stated that he would not have a problem with that limitation.There were no citizens present to speak. Supervisor McNamara stated that he was not aware of anyone delivering alcohol to households in Roanoke County, and asked Mr. Thompson if he knew of any other establishment who delivered alcohol. Mr. Thompson stated that this is the first one that the County is aware of. Supervisor McNamara asked what has changed that now allows delivery of alcohol. Mr. Thompson stated that the ABC Board started permitting off-premise delivery of wine and beer in July 2007. Supervisor McNamara asked if 7-11 Stores wanted to deliver beer, would they have to request a Special Use Permit from the County. Mr. Mahoney stated they would not have to request a Special Use Permit as the delivery of beer would be subject to the process of licensure by the ABC Board and would not require any zoning approval by Roanoke County. Supervisor McNamara asked why Country Way must request a Special Use Permit for delivery while 7-11 Stores do not need one. Mr. Thompson read the definition of drive-in and fast food restaurant as defined in the Zoning Ordinance and stated that the preparation of food and beverages requires the Special Use Permit. He noted that it is the preparation of pizzas and subs and the delivery of those products requires Country Way to obtain a Special Use Permit. He July 22, 2008 565 stated that since Mr. Glick is not preparing the alcohol and just delivering it, he does not consider that to be a part of the definition for a drive-in and fast food restaurant In response to an inquiry from Supervisor McNamara, Mr. Thompson stated that other pizza establishments operating in the County have a Special Use Permit to prepare and deliver pizzas. He further noted that if they have a license from the ABC Board, they can deliver beer, and they do not have to come back to the County for a permit to deliver alcohol. Supervisor McNamara asked Mr. Mahoney if a condition to preclude the delivery of alcohol could be placed on the Special Use Permit. Mr. Mahoney noted the following two Virginia Supreme Court cases in Virginia: (1) states that localities may regulate the delivery of alcohol in the Special Use Permit; and (2) states that the locality cannot regulate the Special Use Permit since the delivery of alcohol is regulated by the ABC Board and is out of the powers of the locality. Supervisor McNamara stated that while he did not like the fact that Country Way could deliver beer, if others in the County have the right to deliver beer, then Country Way should have that right also. Supervisor McNamara moved to adopt the ordinance. Supervisor Altizer stated that he had some of the same concerns as Supervisor McNamara and asked Mr. Mahoney if a condition could be placed on the Special Use Permit to require Country Way to submit a copy of their ABC license to the County each year as a way of monitoring the delivery of alcohol and, if so, asked 566 July 22, 2008 Supervisor McNamara to add the condition to his motion. Mr. Mahoney stated that the condition could be added. Supervisor McNamara asked Mr. Mahoney if the Special Use Permit could be contingent upon Country Way not being found delivering alcohol to a minor. Mr. Mahoney stated that if the applicant were to be found selling alcohol to a minor, the ABC Board would take enforcement action and possibly pull their license for a substantial period time and impose fees. He stated that on second or third offenses, the license would probably be revoked. He stated that the enforcement action of ABC Board is quicker and harsher than what the Board of Supervisors could do. Supervisor McNamara moved to amend the motion to adopt the ordinance with the added condition that a copy of Country Way Store's ABC license be submitted to the Roanoke County Department of Community Development annually. Supervisor Church complimented Mr. Glick on his establishment; however, he state that he had reservations about the delivery of alcohol and wanted to err on the side of caution. He stated that if he understood correctly, the Board should not deny the alcohol delivery, and stated that when he cast his vote, it would not be directed personally at Mr. Glick. He stated that his concern was a fear of the uncertainty when the alcohol leaves the store and is removed from Mr. Glick's protection, restrictions, and modifications. July 22, 2008 567 Mr. Glick asked if he could respond to Supervisor Church's comments, and Chairman Flora indicated that the public hearing was concluded, that a motion was on the floor at this time, and the Board was in debate. Supervisor McNamara's motion to adopt the ordinance with the added condition that a copy of Country Way Store's ABC license be submitted to the Roanoke County Department of Community Development annually carried by the following recorded vote: AYES: Supervisors Altizer, McNamara, Flora NAYS: Supervisors Moore, Church Supervisor Flora voted with comment that he concurred with Supervisor McNamara and did not think the Board could exercise restraint on the delivery of alcohol when another establishment had the right to deliver alcohol. He stated that he has reservations about the wisdom of the General Assembly enacting such legislation. He stated that he understood the Dillon Rule and that the County has lost the opportunity to control. He advised that he did not agree with the delivery of alcohol; however, at the same time he did not feel it was right or moral to deny Mr. Glick the right to do something that another establishment in the County already has the right to do. ORDINANCE 072208-3 GRANTING A SPECIAL USE PERMIT TO OPERATE A DRIVE-IN AND FAST FOOD RESTAURANT ON 1.167 ACRES LOCATED AT 6958 BENT MOUNTAIN ROAD (TAX MAP NO. 95.02-2-3) WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF A. J. GLICK, PROPRIETOR OF COUNTRY WAY GENERAL STORE 568 July 22, 2008 WHEREAS, A. J. Glick, proprietor of Country Way General Store, has filed a petition for a special use permit to operate a drive-in and fast food restaurant to be located at 6958 Bent Mountain Road (Tax Map No. 95.02-2-3) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on July 1, 2008; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on June 24, 2008; the second reading and public hearing on this matter was held on July 22, 2008. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to A.J. Glick, proprietor of Country Way General Store, to operate a drive-in and fast food restaurant to be located at 6958 Bent Mountain Road in the Windsor Hills Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: (1) The Special Use Permit shall pertain only to the existing Country Way Store, structure, and building footprint. (2) No drive-through window shall be constructed or utilized; only delivery service shall be permitted. (3) That a copy of Country Way Store's ABC license be submitted to the Roanoke County Department of Community Development annually. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor McNamara to adopt the ordinance with the addition of condition number 3, and carried by the following recorded vote: AYES: Supervisors Altizer, McNamara, Flora NAYS: Supervisors Moore, Church July 22, 2008 569 2. CONTINUED AT THE REQUEST OF THE PETITIONER: Second readina of an ordinance upon the petition of Joe Lambert to obtain! Special Use Permit in ! C-2. General Commercial District. to operate! drive-in and fast food restaurant on 0.5 acre. located at 3115 Brambleton Avenue. Windsor Hills Maaisterial District The Chairman advised that this item has been continued at the request of the petitioner. 3. Second readina of an ordinance authorizina the creation of and conveyance of ! waterline easement to the Western Virainia Water Authority throuah property owned ~ the Roanoke County Board of Supervisors at the Roanoke County Public Service Center and the Hanaina Rock Battlefield Trail. Catawba Maaisterial District. (Paul Mahoney. County Attorney) 0-072208-4 Mr. Mahoney advised that there were no changes to the ordinance since the first reading. There were no citizens present to speak and there was no discussion. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 570 July 22, 2008 ORDINANCE 072208-4 AUTHORIZING THE CREATION OF AND CONVEYANCE OF A WATERLINE EASEMENT TO THE WESTERN VIRGINIA WATER AUTHORITY THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS AT THE ROANOKE COUNTY PUBLIC SERVICE CENTER (TAX MAP NO. 036.03-01-01.01-0000) AND THE HANGING ROCK BATTLEFIELD TRAIL (TAX MAP NO. 036.03-01-62.00-000) CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of two parcels of land adjacent to Kessler Mill Road in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map No. 036.03-01-01.00- 0000 and Tax Map No. 036.03-01-62.00-0000; and WHEREAS, the City of Salem and the Western Virginia Water Authority have requested the conveyance of easements across these properties to provide for the installation of a new loop waterline system along Route 419 and Penguin Lane to improve water pressure for adjoining properties and the Regional Fire Training Center; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on July 8, 2008 and the second reading and public hearing was held on July 22,2008. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the 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 the Western Virginia Water Authority for the extension of water service for the purpose of improving water pressure along Route 419 and Penguin Lane in the City of Salem for increased fire protection and other reasonable uses. 2. That conveyance to the Western Virginia Water Authority of waterline easements as shown and described as "New 20' Waterline Easement" (1 ,552 sq. ft.) on a plat entitled "Plat showing New 20' Waterline Easement & Temporary Construction Easement to be granted to THE WESTERN VIRGINIA WATER AUTHORITY through the property of Roanoke County Board of Supervisors situated along Kessler Mill Road, Roanoke County, Virginia" prepared by Draper Aden Associates, dated April 7,2008, a copy of which is attached hereto as Exhibit A, and as "New 20'Waterline Easement" (3,931 sq. ft.) and "New Waterline Easement (4,935 sq. ft.) on a plat entitled "Plat Showing New Waterline Easement & Temporary Construction Easement to be granted to THE WESTERN VIRGINIA WATER AUTHORITY through the property of Roanoke County Board of Supervisors situated along Kessler Mill Road, Roanoke County, July 22, 2008 571 Virginia" prepared by Draper Aden Associates, dated April 7, 2008, a copy of which is attached hereto as Exhibit B, are hereby authorized and approved. 3. That consistent with the Policy For The Granting Of Easements Across County Property adopted by the Board of Supervisors in December 200, this use of County property is for a public purpose and therefore no compensation is required by Roanoke County. 4. That the Acting County Administrator, or any assistant county administrator, 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. 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 Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Chairman Flora recognized Joel Shelton, Assistant to the County Administrator, and advised that Mr. Shelton's last day with the County will be July 25, 2008. He plans to enter the PhD program at Virginia Tech in the fall. The Board members wished him well in his future endeavors. Supervisor Moore: (1) She thanked all the athletes who participated in the Commonwealth Games. (2) She reminded the citizens in the Cave Spring Magisterial District that if anyone is interested in serving on the Capital Improvements Program committee to contact the Clerk's Office at 772-2005. (3) She reported that the silencers at Mennel Mill will be in operation the second week in August. Supervisor Church: He informed the citizens in the Hanging Rock area that the County, in conjunction with American Electric Power (AEP), is working to help eliminate some of the power outages in that area. 572 July 22, 2008 Supervisor Flora: He thanked Arnold Covey for working with the citizens in Summerdean Gardens and for contacting the Virginia Department of Transportation (VDOT) in an effort to resolve the issue of paving the streets in that area. IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 7:40 p.m. Submitted by: Approved by: ~,~~~ C. ~.~ Richard C. Flora Chairman