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HomeMy WebLinkAbout6/24/2008 - Regular June 24, 2008 501 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 June 24, 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 June 2008. IN RE: CALL TO ORDER Chairman Flora called the meeting to order at 3:01 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: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Mary V. Brandt, Assistant Deputy Clerk; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Pastor Keith Beasley, Good Shepherd Lutheran Church. The Pledge of Allegiance was recited by all present. 502 June 24, 2008 IN RE: PUBLIC HEARING .1 Public hearina to receive citizen comments reaardina ~ DroDosed amendment to the fiscal year 2007-2008 budaet in accordance with Section 15.2-2507. Code of Virainia. (Brent Robertson. Director of Manaaement and Budaet) Mr. Robertson advised that this public hearing allows citizens an opportunity to comment on amending the fiscal year 2007-2008 budget by adjusting the aggregate amount to be appropriated during the fiscal year. Mr. Robertson reported that Section 15.2-2507 of the Code of Virginia requires that a public hearing be held whenever such amendments exceed one percent of the total expenditures shown in the adopted budget or $500,000, whichever is lesser. He advised that the required notice was published in the Roanoke Times on June 17, 2008. Mr. Robertson stated that the amendments to the budget are: (1) Request to accept and appropriate state revenue reimbursements in the amount of $1,135,654 to the Department of Social Services. (2) Request to accept and appropriate state revenues in the amount of $540,000 to the Sheriff's Department. (3) Request to appropriate $26,000 from Roanoke County Schools for a Standards of Learning Technology Grant. Mr. Robertson advised that action on these three items would be taken later in the meeting. There were no citizens to speak on this item, and there was no discussion. June 24, 2008 503 IN RE: NEW BUSINESS 1. Reauest to acceot and aoorooriate state revenue reimbursements in the amount of $1.135.654 for fiscal year 2007-2008 to the Deoartment of Social Services for orovided services. (Brent Robertson. Director of Manaaement and Budaet) A-062408-1 Mr. Robertson advised that the Department of Social Services receives additional appropriations throughout the year for public assistance and services delivery. He reported that the State has made available additional funding for the following programs: (1) $345,000 in FederallV-E funds for foster children; (2) $130,000 for special needs adoption; (3) $100,000 for auxiliary grants; (4) $219,493 for administration; (5) $265,000 for TANFNIEW work and transitional child care; (6) $17,218 for non-VIEW child care; (7) $32,000 for Head Start child care; (8) $2,000 for FSET; (9) $5,419 for refugee resettlement; and (10) $19,524 for VIEW purchase of service. Mr. Robertson advised that staff is requesting that the Board appropriate these additional revenues to the fiscal year 2007-2008 Social Services revenue and expenditure budget. He reported that this revenue is for program services that have already been delivered and that any required matching funds are currently available in the department's budget. There was no discussion on this item. 504 June 24, 2008 Supervisor Church moved to approve the staff recommendation (appropriation of $1,135,654 to the fiscal year 2007-2008 Social Services budget and appropriation of the same revenues from the state). The motion carried by the following recorded vote: AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None 2. Reauest to aoorooriate additional state revenues in the amount of J540,000 to the Sheriff's Office for fiscal year 2007-2008 budaet. (Brent Robertson, Director of Manaaement and Budaet) A-062408-2 Mr. Robertson advised that during fiscal year 2007 -2008, the inmate population at the Roanoke County jail remained above capacity; and operational costs such as outsourcing inmates to other facilities, food, utilities, and medical costs consumed a substantial portion of the jail's budget as a result. He reported that Sheriff Holt is projecting expenditures related to inmate care to exceed original budget allocations by $540,000 for fiscal year 2007-2008. Mr. Robertson advised that the major driver of these increased costs is the outsourcing of prisoners. He added that, for comparative purposes, the year-end adjustment approved by the Board for fiscal year 2006-2007 was $830,000. Mr. Robertson reported that State reimbursement for commonwealth- responsible prisoners is subject to the state prisoner population, General Assembly June 24, 2008 505 appropriations, and political factors which are difficult factors to consider when projecting revenues. He stated that during previous fiscal years, state revenue receipts have exceeded the conservative state budget projections by an amount that would cover increased jail expenditures caused by higher than normal inmate populations. He added that based on the revenue estimates versus the projected revenues anticipated to be collected from the state for the Sheriff's Department for fiscal year 2007-2008, revenues in excess of budget for these categories should total approximately $610,000. Mr. Robertson advised there is no fiscal impact as a result of this request. He reported that the appropriation consists of state funds and contractual reimbursements. He advised that staff recommends an appropriation adjustment to recognize an additional $540,000 of revenue for personnel and operations reimbursements and increasing the Sheriff's Department fiscal year 2007-2008 budget by $540,000. There was no discussion on this item. Supervisor Altizer moved to approve the staff recommendation (an appropriation adjustment to recognize an additional $540,000 of revenue for fiscal year 2007 -2008 for personnel and operations reimbursements and increasing the fiscal year 2007 -2008 Sheriff's Department budget by $540,000 to cover increased operational costs of the jail caused by increased inmate population, staffing requirements, and capital reimbursements). The motion carried by the following recorded vote: 506 June 24, 2008 AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None 3. Reauest to allocate $184.000 to the Art Museum of Western Virainia and ~16.000 to Roanoke County Public Schools for art educational proarams for students. teachers. and parks and recreation users. (Elmer Hodae. County Administrator) A-062408-3 Mr. Hodge advised that this item was originally included in the fiscal year 2008-2009 budget presentation heard by the Board at their May 27, 2008, meeting. He reported that it was taken off the agenda so that staff could review the programs and reapportion the funding accordingly. He reported that he met with Supervisors Flora and Altizer, School staff, and representatives of the Art Museum on Friday, June 20, 2008, to review the museum programs currently offered to the Schools and the Parks and Recreation Department. He added that as a result of that review, he is recommending that the $200,000 appropriation be reallocated as follows: $150,000 to the Art Museum and $50,000 to the Schools. He reported that this reallocation should allow the Schools to make more effective use of the programs and promote increased participation. Mr. Hodge reported that the Board had approved the original agreement in August 2007, and that the agreement was previously amended to allocate a portion of the funding to the Schools and to allow the Parks and Recreation Department to June 24, 2008 507 participate in the programs. He advised that the purpose of the programs was to make art education available to students and teachers. Mr. Hodge stated that due to lower than anticipated participation, a review was undertaken, and the allocations of funds revised. Mr. Mahoney advised that as a result of negotiations between Joe Obenshain, Senior Assistant County Attorney, School staff, and representatives of the museum; article 3 on page 17 of the agreement will be amended to reflect the reallocation of funds as well as how the funds may be spent including transportation expenses, consumable art supplies, and reimbursement for substitute teachers. He reported that an amendment to the contract can be prepared if the Board approved. He inquired if the Board wished to grant the County Administrator authority to sign the amended agreement or if the Board preferred that the amended agreement be brought back for approval. Supervisor Flora advised that the Board anticipates approving the amended contract and granting signature authority provided the County Attorney reviews and approves the amended contract. He added that the Board intends to review the agreement annually. He reported that based on participation figures, one of the programs was well utilized, one was moderately utilized, and the remaining two programs were poorly utilized. He stated that transportation costs for students visiting the museum and the necessity for teachers to perform in-service training on weekends were two of the primary drawbacks identified. He advised that the Board would review 508 June 24, 2008 participation figures after the museum opens and reevaluate the funding allocation during the next budget cycle. Supervisor Altizer noted that the opening of the new museum facility may have an impact on attendance. He reported that he believed in these programs and that he hoped these changes will ensure that the programs are effectively utilized. He stated that when reviewing profits and losses, he finds it beneficial to compare current performance with past performance; and he requested that staff track attendance when the school year begins and provide the Board with monthly reports beginning October 2008 comparing current attendance figures with the past year's. He stated that this will give the Board a clearer understanding of the effectiveness of the programs during the next budget cycle. Supervisor Flora moved to approve the amended contract with the $200,000 in funding allocated as follows: $150,000 to the Art Museum; $50,000 to the Schools for the purposes discussed during the meeting. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 4. Reauest to adoot ! resolution addina the Roanoke County Dark fiver Droaram to the Roanoke County Parks. Recreation & Tourism's "Community Use Manual for Soorts Oraanizations and June 24, 2008 509 Community Users". (Pete HaisliD. Director of Parks. Recreation. and Tourism) R-062408-4 Mr. Haislip advised that the Community Use Manual serves as a policy tool for the Parks and Recreation Department. He reported that adding the flyer program to the manual will provide guidelines and regulations for the operation of remote control airplanes in County parks. He reported that the program regulates where remote control airplanes may be flown, the hours when they may be flown, and the associated fees. He reported that the program contains a simple permit procedure and requires operators to abide by certain standards. There was no discussion on this item. Supervisor Church moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 062408-4 AMENDING AND REENACTING THE COMMUNITY USE POLICY OF THE ROANOKE COUNTY DEPARTMENT OF PARKS, RECREATION AND TOURISM TO ESTABLISH POLICIES AND PROCEDURES FOR THE OPERATION OF REMOTE CONTROL AIRCRAFT IN ACCORDANCE WITH CHAPTER 15. PARKS AND RECREATION, OF THE ROANOKE COUNTY CODE WHEREAS, Section 15.1-271, Code of Virginia, 1950, as amended, confers authority upon Roanoke County to establish and operate a system of public recreation and parks and to adopt and maintain rules of conduct and procedures for the effective operation and maintenance of its parks and recreational facilities and programs; and 510 June 24, 2008 WHEREAS, the Board of Supervisors of the County of Roanoke on March 25, 2008, approved by resolution revisions to the Community Use Manual of the Department of Parks, Recreation and Tourism; and WHEREAS, the Board of Supervisors has this day adopted an amendment to the County's Parks and Recreation ordinance, contained in Chapter 15 of the Roanoke County Code, governing the use of remote controlled model aircraft in County parks by permit premised upon the development of a policies and procedures through consultation with County citizens with experience and expertise in the operation of radio or remote controlled model aircrafts and under the guidelines established by the Academy of Model Aeronautics (AMA); and WHEREAS, the proposed changes to the Community Use Manual strike an appropriate balance between the needs for safety of citizens using County parks and the needs and desires of responsible operators of remote controlled model aircraft who are residents of Roanoke County to enjoy the use of public parks for their recreation, exercise and enjoyment; and WHEREAS, the reading of this resolution was held on June 24, 2008. NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Park Flyer Program, attached to this Resolution as Exhibit "A", is hereby adopted and incorporated into the Community Use Manual of the Roanoke County Department of Parks, Recreation and Tourism and that said Community Use Manual is thereby approved and re-adopted for the benefit of the citizens of Roanoke County and guests by this Board. 2. That this resolution shall be in full force and effect from and after its passage. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None IN RE: 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 July 22, 2008. The motion carried by the following recorded vote: June 24, 2008 511 AYES: NAYS: IN RE: 0-062408-5 Supervisors Moore, Church, Altizer, McNamara, Flora None 1. First 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 2. First 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 SECOND READING OF ORDINANCES 1. Second readina of an ordinance amendina and reenactina Section 15-8. Prohibited Uses of Parks. paraaraph 13. Remote Control Planes. of Chapter 15. Parks and Recreation of the Roanoke County Code (Pete Haislip. Director of Parks. Recreation. and Tourism: Mark Courtriaht. Assistant Director of Parks) Mr. Haislip advised that this ordinance will amend the park ordinance to require individuals wishing to fly remote control model airplanes in County parks to 512 June 24, 2008 apply for a permit under the program approved by the Board earlier in the meeting. He advised that there were no changes since the first reading and asked if the Board had any questions. Supervisor Altizer stated that the citizens who operate remote control airplanes are a great group of people and that the new policy is a good one with good guidelines. He reported that he is very concerned because this applies to public lands owned by the citizens of Roanoke County and that the County is requiring individuals wishing to engage in this activity to join an organization in order to use public lands. He stated that it is not a function of government to dictate that citizens join an organization to use public parks. He stated that he understands the necessity of addressing liability issues; however, he suggested that a viable alternative would be to allow citizens to provide similar liability insurance as those individuals belonging to the organization. He added that approving this amendment will set a precedent for the future. In response to Supervisor Church's inquiry; Mr. Hailsip reported that staff determined that most legitimate groups throughout the United States follow the Academy of Model Aeronautics (AMA) program, so staff based the new policy on AMA guidelines. He reported that an open membership in the AMA provides an individual with $2.5 million of liability insurance. Supervisor Church advised that the remote control airplane community is not large and that the liability issue needs to be considered. He added that requiring citizens to join the AMA provides sufficient risk management and that the AMA June 24, 2008 513 guidelines give staff and flyers appropriate guidelines and basic knowledge. He added that although he understood Supervisor Altizer's position, he was comfortable with the County issuing permits under this program. He reported that if an individual tried to purchase liability insurance on their own, it could prove costly and might be difficult to obtain. He added that this program will allow remote control airplane enthusiasts to continue to fly in County parks and that the Board can reexamine the program at a later date if necessary. Supervisor Altizer stated that although a citizen may not be able to obtain liability insurance on their own, they should at least be allowed to make that decision for themselves. He added that the citizens paid for the County parks and that they deserve choices. He reiterated that this program applies to publicly owned lands and that it is not appropriate for the County to require an individual to join an organization to use those lands. There was a general discussion regarding appropriate liability insurance limits and alternatives to requiring AMA membership to obtain a permit to operate remote control airplanes in County parks. Supervisor Flora directed staff to track the number of applications during the program's first year and to determine if any of the applicants were not members of AMA and report back to the Board. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: 514 June 24, 2008 AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: Supervisor Altizer ORDINANCE 062408-5 AMENDING AND REENACTING SECTION 15-8, PROHIBITED USES OF PARKS, PARAGRAPH 13, REMOTE CONTROL PLANES, OF CHAPTER 15. PARKS AND RECREATION, OF THE ROANOKE COUNTY CODE WHEREAS, Section 15.1-271, Code of Virginia, 1950, as amended, confers authority upon Roanoke County to establish and operate a system of public recreation and parks and to adopt and maintain rules of conduct and procedures for the effective operation and maintenance of its parks and recreational facilities and programs; and WHEREAS, the Board of Supervisors of the County of Roanoke has recently adopted on March 25, 2008, a comprehensive ordinance which updated the County's existing Parks and Recreation Ordinance contained in Chapter 15 of the Roanoke County Code; and WHEREAS, the Board of Supervisors deferred action upon proposed language governing the use of remote controlled model aircraft in County parks pending development of a permit procedure and other policies in consultation with County citizens with experience and expertise in the operation of radio or remote controlled model aircrafts and under the guidelines established by the Academy of Model Aeronautics (AMA); and WHEREAS, the first reading of this ordinance was held on June 10, 2008; and the second reading was held on June 24, 2008. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 15-8, Prohibited uses of parks, of Chapter 15. Parks and Recreation, of the County Code is hereby amended and/or reenacted as follows: Sec. 15-8. Prohibited uses of Darks. No person in a park shall: (13) Remote control planes. Operate a remote control plane, glider, or motor propelled aircraft in any park without a permit from the Director. 2. That this ordinance shall be in full force and effect from and after its passage. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: Supervisor Altizer June 24, 2008 515 2. (CONTINUED TO A FUTURE DATE) Second readina of an ordinance authorizina the vacation of riaht-of-wav shown as ! Dortion of Brentwood Court on Dlat of Section No. ~ of Kinaston Court. in Plat Book 1b ~ 39. of the Roanoke County Circuit Court Clerk's Office. and retainina ! Dublic utility easement. Windsor Hills Maaisterial District. (Arnold Covey. Director of Community DeveloDment) Chairman Flora advised that this item is being continued until further notice to allow staff to resolve issues with VDOT. IN RE: APPOINTMENTS 1. Community Policv and Manaaement Team (CPMT) Chairman Flora advised that the three-year term of Gary Wilburn, appointee from private community resources, will expire on June 30, 2008. He reported that staff and the CPMT recommend that Mr. Wilburn be appointed to serve an additional three-year term. It was the consensus of the Board to add confirmation of Mr. Wilburn's re-appointment to the Consent Agenda. 2. Board of Zonina ADDeals (aDDointed ~ district) Chairman Flora advised that the five-year term of Richard L. Jones, Jr., Catawba Magisterial District, will expire on June 30, 2008. He reported that Mr. Jones is willing to serve an additional five-year term. It was the consensus of the Board to add confirmation of Mr. Jones' re-appointment to the Consent Agenda. 516 June 24, 2008 3. Parks. Recreation. and Tourism Advisory Commission (aooointed !ri district) Chairman Flora advised that the three-year term of Lee Blair, Cave Spring Magisterial District, will expire on June 30, 2008. 4. Social Services Advisory Board (aooointed !ri district) Chairman Flora advised that the four-year term of Douglas C. Forbes, Vinton Magisterial District, will expire on July 31, 2008, and that Mr. Forbes is not eligible for reappointment. Chairman Flora advised that the representative from the Catawba Magisterial District has resigned and that this four-year term will expire on July 31, 2009. 5. 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. IN RE: CONSENT AGENDA R-062408-6, R-062408-6.a, R-062408-6.c, R-062408-6.e Supervisor Altizer moved to adopt the consent resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora June 24, 2008 517 NAYS: None RESOLUTION 062408-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM 1- 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 June 24, 2008 designated as Item I - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6 inclusive, as follows: 1. Resolution of appreciation to Ellen N. Groff, Social Services Department, upon her retirement after thirty years of service 2. Request to accept the donation of a new 20-foot public drainage easement across property of Russell Short, Inc., Lot 22A, Section 8, Falling Creek Estates subdivision, Plat Book 21, page 20, in the Vinton Magisterial District 3. Resolution establishing the salary for the county attorney for fiscal year 2008-2009 4. Request to accept the donation of easements from Richfield Retirement Community to the Board of Supervisors of Roanoke County, Catawba Magisterial District 5. Request to adopt a resolution supporting VDOT's access management highway improvement program projects for Route 419 and Route 220 6. Request to appropriate $26,000 from Roanoke County Schools for a standards of learning technology grant 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 518 June 24, 2008 RESOLUTION 062408-6.a EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ELLEN N. GROFF, SOCIAL SERVICES DEPARTMENT, ON THE OCCASION OF HER RETIREMENT AFTER THIRTY YEARS OF SERVICE WHEREAS, Ellen N. Groff was employed by Roanoke County on May 8, 1978, as a Social Worker in the Social Services Department, where during her tenure, she provided employment services, mediation, foster care and child abuse/neglect services to the citizens of Roanoke County and Salem; and WHEREAS, Ms. Groff retired from. the Roanoke County as a Social Work Supervisor on June 1, 2008, after thirty years and one month of service; and WHEREAS, Ms. Groff, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens and serving as an advocate when working with parents to resolve family issues in order to preserve that family. Ms. Groff assisted in the establishment of the Child Advocacy Center and many community education programs and was an active participant in Best Practices Court. 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 ELLEN N. GROFF on the occasion of her retirement after more than thirty years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 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 RESOLUTION 062408-6.c ESTABLISHING SALARY FOR THE COUNTY ATTORNEY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, hereby establishes the salaries for the county administrator and the county attorney for fiscal year 2008-2009. BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the annual salary for the county attorney shall be increased from $134,884.00 to $140,280.00, which includes the County longevity supplement. 2. That the effective date for the establishment of this salary shall be July 1, 2008. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: June 24, 2008 519 AYES: NAYS: Supervisors Moore, Church, Altizer, McNamara, Flora None RESOLUTION 062408-6.e SUPPORTING VIRGINIA DEPARTMENT OF TRANSPORTATION'S ACCESS MANAGEMENT HIGHWAY IMPROVEMENT PROGRAM PROJECTS FOR ROUTE 419 AND ROUTE 220 WHEREAS, the Virginia Department of Transportation has applied for and received federal funding for access management highway improvement program projects for Route 419 and Route 220; and WHEREAS, the Route 419 project involves the extension of the northbound left- turn lane at the intersection with Colonial Avenue; and WHEREAS, the Route 220 project involves the addition of a northbound left-turn lane at the intersection with Back Creek Road (Route 676) and the closure of a package of crossovers lying between Crowell Gap Road (Route 657) and Yellow Mountain Road (Route 668); and WHEREAS, these projects will reduce congestion and will improve highway safety by reducing the number of accidents on these principal arterials; and WHEREAS, the Virginia Department of Transportation must receive a resolution of support from the local governing body before construction can begin on these projects. NOW, THEREFORE, BE IT RESOLVED, that the Board herby supports the access management highway improvement program projects for Route 419 and Route 220. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the District Transportation Planning Manager for the Virginia Department of Transportation. 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: REQUESTS FOR WORK SESSIONS Supervisor Altizer requested a work session at the July 8, 2008, meeting to discuss Ivyland Road, rural additions, and revenue sharing funds. 520 June 24, 2008 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 1: General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaency 4. Accounts Paid = May 2008 5. Statement of expenditures and estimated and actual revenues for the month ended May 31. 2008 PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS IN RE: 1: Resolution of appreciation to Elmer C. Hodae. Jr.. County Administrator. upon his retirement after twenty-two years of service R-062408-7 Chairman Flora presented a resolution of appreciation and a Roanoke County commemorative throw to Mr. Hodge on behalf of the Board. The members of the Board congratulated Mr. Hodge on his distinguished career, thanked him for his many years of service to Roanoke County and its citizens, and wished him the best in his future endeavors. June 24, 2008 521 Mr. Hodge thanked the Board for their leadership and support during his tenure as County Administrator. He added that he and his wife, Sue Hodge who was present, love Roanoke County and hope to continue to be of service to its citizens in the future. Dr. Reverdy E. Wright, Dr. M. Rupert Cutler, and W. Tucker Lemon of the Sons of the American Revolution presented Mr. Hodge with a good citizenship medal. Joe Thomas, Jr., President; and Melody S. Williams, Executive Vice President; of the Roanoke Regional Home Builders Association presented Mr. Hodge with a resolution of appreciation. Debbie Kavitz, Executive Director of the Salem-Roanoke County Chamber of Commerce, read a letter of appreciation and presented Mr. Hodge with a gift on behalf of the Chamber. Supervisor Flora moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None RESOLUTION 062408-7 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ELMER C. HODGE, JR., COUNTY ADMINISTRATOR, ON THE OCCASION OF HIS RETIREMENT AFTER TWENTY-TWO YEARS OF SERVICE WHEREAS, Elmer C. Hodge, Jr., was appointed as Administrator for the County of Roanoke, Virginia, on November 7, 1985; and WHEREAS, Mr. Hodge has earned the respect and support of the Board of Supervisors, county staff, and citizens by demonstrating an unwavering commitment to Roanoke County, its people, and communities; and 522 June 24, 2008 WHEREAS, Mr. Hodge is highly regarded by leaders across the Roanoke Valley and throughout the Commonwealth of Virginia where he is known for facilitating cooperative approaches to regional issues; and WHEREAS, with his collaborative, even-tempered style and focus on innovation and customer service; Mr. Hodge built a strong management team encouraging individual decision making while fostering a group approach to problem solving; and WHEREAS, under Mr. Hodge's capable leadership, Roanoke County has expanded the range of services and quality of life available to citizens, invested heavily in public infrastructure and public safety, and championed regional efforts with surrounding localities that will ensure the vitality of the Roanoke Valley for years to come; and WHEREAS, Roanoke County has accomplished numerous major projects and regional initiatives under Mr. Hodge's direction, including: Roanoke Regional Airport Commission Hollins Community Development Project All-America City Award Roanoke County Police Department Smith Gap Regional Landfill Spring Hollow Reservoir Roanoke Valley Regional EMS Training Center Center for Research and Technology Western Virginia Water Authority Western Virginia Regional Jail Authority Public Safety Center Roanoke County Criminal Justice Academy; and WHEREAS, Mr. Hodge was instrumental in the approval of a number of significant capital projects currently under development including the Route 220 Waterline to Franklin County, South County Library, Fleet Service Center, North County Fire and Rescue Station, Emergency Radio System Upgrade, and Multi-Generational Recreation Center; and WHEREAS, Mr. Hodge has served the citizens of Roanoke County with honor for over 22 years, and will retire as Administrator on June 30, 2008. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Roanoke, Virginia, does hereby express deep appreciation to ELMER C. HODGE, JR., for his many years of dedicated service to the citizens of Roanoke County, commends Mr. Hodge for the numerous advances that the county has made under his leadership, and offers sincere congratulations and best wishes for a happy and productive retirement. 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 June 24, 2008 523 IN RE: PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second readina of an ordinance upon the petition of Terry and Tammv Small. DBA 3rd Dav Arcade. to obtain! Special Use Permit in .! C-2C. General Commercial District with Conditions. to operate an indoor commercial amusement facility on 3.08 acres located at 6449 Williamson Road. Unit 6435. Hollins Maaisterial District. (Philip Thompson. Deputy Director of Plannina) 0-062408-8 Mr. Thompson advised that the petitioners, Terry and Tammy Small, were requesting a special use permit in a C-2C, General Commercial District with Conditions, to operate a commercial indoor amusement facility on 3.08 acres located at 6449 Williamson Road in Unit 6437. Mr. Thompson reviewed the applicable regulations, the zoning for the surrounding properties, and provided a brief analysis of the proposed project. He reported that the requested use is generally consistent with the existing and future uses of the site's Core designation in the Community Plan. Mr. Thompson advised that the Planning Commission held a public hearing on the matter on May 6, 2008, that was continued to June 3, 2008, and voted to recommend approval of the special use permit with five conditions. He reviewed the conditions for the special use permit. He noted that there were no citizens to speak at the Planning Commission public hearing. 524 June 24, 2008 The petitioners, Terry and Tammy Small, advised that they were requesting that the hours of operation be revised so that the facility may operate from 12:00 p.m. until 12:00 a.m. during the week to coincide with the County curfew. There was a general discussion regarding the hours of operation for the facility, curfew times, and the administrative review process. There were no citizens to speak. Supervisor Flora moved to adopt the ordinance with the hours of operation changed to Sunday through Thursday from 12:00 p.m. until 11 :00 p.m. and Friday and Saturday from 12:00 p.m. until 11 :30 p.m. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 062408-8 GRANTING A SPECIAL USE PERMIT TO OPERATE A COMMERCIAL INDOOR AMUSEMENT ON 3.08 ACRES lOCATED AT 6449 WilliAMSON ROAD, UNIT 6437 (TAX MAP NO. 27.18-3-13) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF TERRY AND TAMMY SMAll DBA 3RD DAY ARCADE WHEREAS, Terry and Tammy Small DBA 3rd Day Arcade have filed a petition for a special use permit to operate a commercial indoor amusement to be located at 6449 Williamson Road, Unite 6437 (Tax Map No. 27.18-3-13) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 3, 2008; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on April 22, 2008; the second reading and public hearing on this matter was held on June 24, 2008. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: June 24, 2008 525 1. That the Board finds that the granting of a special use permit to Terry and Tammy Small DBA 3rd Day Arcade to operate a commercial indoor amusement to be located at 6449 Williamson Road, Unite 6437, in the Hollins 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) Hours of operation shall be limited to 12 p.m. until 11 p.m., Sunday through Thursday, and 12 p.m. until 11 :30 p.m., Friday and Saturday. (2) Entrance to 3rd Day Arcade shall only be at the front of the building, adjacent to Williamson Road. (3) The applicant shall provide a private licensed and bonded security service Friday and Saturday nights 5 pm to 12 am. (4) An Administrative Review regarding this use shall be held after one (1) year. (5) #6437. The Special Use Permit shall be limited to 6449 Williamson Road, Unit 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Flora to adopt the ordinance with the hours of operation changed to Sunday through Thursday from 12 p.m. until 11 p.m. and Friday and Saturday from 12 p.m. until 11 :30 p.m., and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 2. Second readina of an ordinance upon the petition of Martha J. Boush and Randy M. Gantt to rezone approximately 1.5 acres from 1-1. Low Intensity Industrial District. and 1-2. Hiah Intensity Industrial District. to C-2. General Commercial District. for the purpose of constructina ! one-story buildina for General Office/Retail use. located at 4909 Starkey Road. Cave Sprina 526 June 24, 2008 Maaisterial District. (Philio Thomoson. Deoutv Director of Plannina) 0-062408-9 Mr. Thompson advised that petitioners, Martha J. Boush and Randy M. Gantt, were requesting that two pieces of property be rezoned to construct a one-story building for general office/retail use. He reported that the property was located at 4909 Starkey Road. Mr. Thompson reviewed the applicable regulations, the zoning for the surrounding properties, and provided a brief analysis of the proposed project. He reported that the Comprehensive Plan designated the bulk of the site as Transition with the smaller parcel designated as Principal Industrial. He advised that the proposed use meets the definition of Transition. Mr. Thompson advised that the Planning Commission held a public hearing on the matter on June 3, 2008, and voted to recommend approval of the rezoning application with seven proffered conditions. He reported that the neighboring property owners were generally in favor of the development, but they expressed concerns regarding the proposed location of the dumpster and the possibility that it would have a negative impact on their business due to its location. Mr. Thompson advised that alternate locations were considered due to this concern; however, no better location for the dumpster could be found. June 24, 2008 527 Mr. Thompson advised that the petitioner submitted revised proffers and a revised site plan to address the concerns regarding the dumpster's location with the result that evergreens will be planted around the dumpster to screen it from the adjoining property. Mr. Thompson reviewed the seven proffered conditions. Bill Hume of Interactive Design Group advised that he was present to answer any questions. There were no citizens to speak, and there was no discussion. Supervisor Moore moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None ORDINANCE 062408-9 TO REZONE APPROXIMATELY 1.5 ACRES FROM 1-1, LOW INTENSITY INDUSTRIAL DISTRICT, AND 1-2, HIGH INTENSITY INDUSTRIAL DISTRICT, TO C-2, GENERAL COMMERCIAL DISTRICT, FOR THE PUROSE OF CONSTRUCTING A ONE-STORY BUILDING FOR GENERAL OFFICE/RET AIL USE, LOCATED AT 4909 STARKEY ROAD (TAX MAP NO. 87.11-3-2 AND 3), CAVE SPRING MAGISTERIAL DISTRICT, UPON THE APPLICATION OF MARTHA J. BOUSH AND RANDY M. GANTT WHEREAS, the first reading of this ordinance was held on May 27,2008, and the second reading and public hearing were held June 24, 2008; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 3, 2008; 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 approximately 1.5 acres, as described herein, and located at 4909 Starkey Road (Tax Map Number 87.11-3-2 and 3) in the Cave Spring Magisterial District, is 528 June 24, 2008 hereby changed from the zoning classification of 1-1, Low Intensity Industrial District and 1-2, High Intensity Industrial District, to the zoning classification of C- 2, General Commercial District. 2. That this action is taken upon the application of Martha J. Boush and Randy M. Gantt. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1. The property will be developed in substantial conformance with the Concept Plan prepared by Parker Design Group, dated March 25, 2008, with a latest revision of June 16, 2008. 2. No more than 10,800 square feet of building space will be constructed. 3. No more than 5,400 square feet of the proposed building will be dedicated to retail space. 4. The proposed building will be constructed in substantial conformance with the Architectural Floor Plan prepared by Interactive Design Group, dated April 16, 2008. 5. The Starkey Road elevation of the proposed building will be constructed in substantial conformance with the Architectural Front Elevation Study prepared by Interactive Design Group, dated April 18, 2008. 6. No more than one freestanding sign will be constructed which will be no more than ten (10) feet in height and will be constructed in substantial conformance with Proposed Sign Details prepared by Interactive Design Group, dated April 16, 2008. 7. The proposed dumpster screening will be in substantial conformance with building materials shown on Architectural Front Elevation Study prepared by Interactive Design Group, dated April 18, 2008. 4. That said real estate is more fully described as follows: Approximately 1.5 acres located at 4909 Starkey Road, Cave Spring Magisterial District, and being all of Tax Map No. 87.11-3-2 and 87.11-3-3. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES:Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None -. June 24, 2008 529 IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Moore: (1) She thanked Doug Chittum, Paul Mahoney, Kathy Jones, Mary Ellen Goodlatte, and her fellow Board members for their support in the relocation of the AEP substation from Ogden Road on the Sunscape Project. (2) She announced that her son Bradley is leaving for the Navy on Monday, and she wished him God speed in his service to his country. Supervisor Church: (1) He recognized Judy Stokes and Betty Graham from the Registrar's office and thanked them for their hard work during elections. (2) He thanked Mr. Hodge for all his hard work over the years adding that he had earned a grade of "A+". Supervisor Altizer: (1) He thanked his fellow Board members and his "County family" for their concern during his daughter's recent illness and advised that she was doing much better. (2) He stated that Mr. Hodge "made everyone better" and was of great help to the members of the Board. He added that Mr. Hodge set a high standard for whoever follows him as County Administrator. Supervisor McNamara: (1) He requested the status of the Board's request to the Planning Commission to reevaluate the setback requirements for front yards of houses located on corner lots. Mr. Thompson advised that the Planning Commission has discussed this issue at two work sessions as well as with the Board of Zoning Appeals and will write up their deliberations at their next work session before bringing the matter back to the Board. 530 June 24, 2008 Supervisor Flora: (1) He apologized for not attending the Hollins fire station ground breaking; he reported that he was out of the state that day. (2) He expressed his best wishes for a safe return to Supervisor Moore's son. (3) He stated that he was glad to hear that Supervisor Altizer's daughter was doing well. (4) He expressed regret that he will be unable to attend Mr. Hodge's retirement reception on Friday due to several meetings that he was unable to reschedule. IN RE: ADJOURNMENT Chairman Flora adjourned the meeting at 7:55 p.m. Submitted by: . j/~ Ma~ndt, CPS Assistant Deputy Clerk to the Board Approved by: ,- ~~,^-v-Dc ~~ Richard C. Flora Chairman