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10/28/2008 - Adopted Board Records
AT A REGULAR NIEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 2S, 2a4$ RESGLUTIGN ~4~848-~ CERTIFYING THE CLGSED MEETING WAS HELD IN CONFGRMITYWITH'~HE CaDE 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, thatthe Board of Supervisorsof 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 certi~fical:ion resolution applies, and 2. Onlysuch publicbusiness mattersaswere identified inthemotion conveningthe closed meeting were heard, discussed or considered by the Board of S~~pervisors of Roanoke County, Virginia. On motion of Supervisor Flora to adoptthe resolution, and carried bythe following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: 7~- Brenda J. Ho ton, CMC Deputy Clerk to the Board ACTIGN Nn. A-102808-2 ITEM Nn. F-1 AT A REGULAR MEETING GF THE BOARD GF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BYE October 28, 2008 Request to accept and appropriate grantfunds in the amount of $104,000 from the Virginia Department of Transportation for fiscal year 2008-2009 Transportation Enhancement Program to help finance the construction of the Eastern Section of the Roanoke River Greenway and appropriation of $26,000 in matching funds Pete Haislip, Director, Parks, Recreation & Tourism Janet Scheid, Greenway Planner John M, Chambliss, Jr. County Administrator CQUNTYADMINISTRATOR'S COMMENTS: Recommend acceptance and approprra~ion of the grant and use of the unspent CIIF monies for the required match. SUMMARY OF INF~RMA`~ION: The Department of Parks, Recreation and Tourism has been awarded a FY 2008-2009 Transportation Enhancement Program TEA-21 ~ Grant for the Eastern Section of the Roanoke River Greenway in the amount of $104,000. This grant will partially fund engineering and right-of-way acquisition for #his greenway located in eastern Roanoke County. The Roanoke River Greenway is envisioned as the backbone of the Roanoke Valley greenway system and has been designs#ed as the top greenway priority by ~khe Roanoke Valley Greenway Commission in its 2007 Update to the Roanoke Malley Conceptual Greenway Plan. That Plan was adopted by the Roanoke County Board of Supervisors in 2007. The Eastern Section of the Roanoke River Greenway project is approximately five ~5~ miles long -from the Roanoke Ci#y line near the Waste Water Treatment Plant to Explore Park. The total cost of this project is estimated to be approximately $5-$6 million, which includes costs associated with trail construction, bridges, retaining walls, boardwalks in wet areas and other recreational amenities. Also included in this estimated project cost are land acquisitions, design, engineering and permitting fees. The TEA-21 grant funds are the largest and, to date, most reliable source of funding for these major greenway projects. vVhile TEA-~1 is an irr~portant so~~rce of significant funding it does require a 20°/o match, as is the case with most State and Federal grants. In past years, the Department of Parks, Recreation and Tourism has been able to maximize in-kind services and utilize some in-house capital and maintenance funds to provide at least a portion of the required match. We are atthe pointthough wherethis is no longer possible without an infusion of money from outside this department. It is our expectation that it will take several grants and at least five years to complete this section of the Roanoke River Oreenway. FISCAL IMPACT: The grant award amount of $104,004 requires a match of $20,000. ALTERNATIVES: 1. Accept and appropriate the grant award of $144,OOD from the Virginia Department of Transportal:ion and appropriate the matching funds of $20,000 from either: (a) unspent monies in the Capital Improvement Incentive Fund (CIIF) of the Department ofi Parks, Recreation and Tourism. This is a one-time activity and may not be available for future growth. (b) appropriate the $26,000 match 'From the Board contingency (c) appropriate the $26,000 match from the minor capital reserve account 2. Do not accept the grant award of $104,000 from the Virginia Department of Transportation and do not appropriate matching funds of $26,000. STAFF RECOMMENDATION: Staff recommends approval of Alternative 1 (a) to accept and appropriate the grant in the amount of 104,000 and to authorize the use of $26,000 from the CIIF as the required match. VOTE: ______ SupervisorAltizer motion to approve staff recommendation Mo~rion Approved Ms. Moore Yes ~ No ^ Abs ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c: Pete Haislip, Director, Parks, Recreation & To~~rism Janet Scheid, ~reenway Planner Rebecca awens, Director, Finance ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2008 RESOLUTIGN ~ 02808-3 aF SUPPORT Ta SUBMIT A GRANT APPLICATION TD THE VIRGINIA DEPARTMENT OF TRANSPORTATION FaR A FISCAL YEAR 2009-20~ 0 TRANSPORTATIaN ENCHANCEMENT PRaGRAM GRANT Ta HELP FINANCE THE CGNSTRUCTIaN GF THE EASTERN SECTIGN ~F THE RaAN4KE RIVER GREENWAY UVHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the Board of Supervisors of Roanoke County in order that the Virginia Department of Transportation program an enhancement project in Roanoke County. NOVU, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: ~ . That in 2008 the Commonwealth Transportation Board established a project for the construction and development of approximately 5 miles of the Roanoke River Greenway in eastern Roanoke County from the Roanoke City line to Virginia's Explore Park and funded that project in the amount of $104,000. 2. That the costs associated with the first phase of the project which will include project design, engineering and permitting, and private land acquisition along 'the proposed greenway corridor} are estimated to be $450,000. Roanoke Co~~nty is requesting additional grant funding in the amount of $215,80D which is SO percent of the remaining es~l;imated cost of the first phase of this project x$450,000 - $104,OOD = $345,OOD x 80°/0 = $215,800}. Roanoke County hereby agrees to pay matching funds of $69,200 which is 20 percent of the remaining estimated project cost. 3. That Roanoke County will provide 50 percent of the matching funds which is $34,500. The remaining 5D percent of the matching funds will come from in-kind services, donated real estate within the greenway corridor, and matching funds provided by other sources. 4. That if Roanoke County subsequently elects to cancel this project the County hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. 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 A COPY TESTE: ~~~ Brenda J. Holton, CMC Deputy Clerk to the Board c; Pete Hais~~p, Director, Parks, Recreation & Tourism Janet Scheid, Greenway Planner Rebecca Owens, Director, Finance I hereby certify that the foregoing is a true and correct copy of Resolution X02808-3 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, October 28, 2008. Mary V. Brandt Assistant Deputy Clerk ACTION NO. A-102808-4 ITEM NO. F-3 AT A REGULAR MEETING GF THE BOARD OF SUPERVISORS GF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATIGN CENTER MEETING DATE: October 28, 2008 AGENDA ITEM: Request to approve holidayscheduleforcalendaryears2009 and 2010 SUBMITTED BY: Joe Sgroi Director of Human Resources APPRGVED BY: John Chambliss County Administrator COUNTY ADMINISTRATOR'S CfJMMENTS: SUMMARY QF INFaRMATI~JN: The Board has in 'the past, used the Columbus Day floating holiday for the purpose of closing the County offices the day after Christmas. Case in point, this year 2008, Christmas Day is on Thursday, and we are also closed on Friday, December 26, 2008 moved Columbus Day floating holidays which was approved by the BOS on November 14, 2006. Staff suggests that the Board consider using the 2009 Columbus Day floating holiday for Friday, January 2, 2009, the day after New Year's. This will give employees a long weekend on what usually is a slow business day in the holiday week and save on energy, lights and utilities. ~oo~ SUN MON TUE WED THU FRI SAT New Year's Apply Day Columbus Day Floater The State offices will be officially closed on Friday, January 2, the day after New Year's. In 2010, the Columbus Day holiday can return to its normal floating holiday status. Attached is a suggested schedule of holidays for 2009 and 2010. It is recognized that the state may offer some other dates for closing state offices, however, the holidays approved by the Board of Supervisors will govern all County offices. FISCAL IMPACT: None ALTERNATIVES: 1. Adopt the attached holiday schedule for calendaryears 2009 and 2010 2. Do not adopt the attached holiday schedule for calendar years 2009 and 2010 STAFF RECONIMENDATI~N: Staff recommends using the 2008 Columbus Day floating holiday for Friday, January 2, 2009, and adopting the 2009 and 2010 holiday schedules as attached. VOTE: Supervisor Church motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ~ ^ ^ Mr. Chiurch ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c: Joe Sgroi, Director, Human Resources Anita Hassell, Assistant Director, Human Resources 2 RoANOI~E COUNTY 2009 Holiday Sehedule ..~.._.__._._.__..,~~....,....,~~._...._._____....____~_._.... __..._._.. ~ New Year's Da ~ y ..,w .... _.._.._,.,.._._.......~_._.. _ .._.,..._ Thursda Janua 1 y~ ry ...... _._~.,_.... _ _...__ _._ ~~ ~_._ _. _. _... ~ Day after New Years i .._ .._...... _~ .,....~_ _.. a__. _ .__.__~ - _.__~_ .,,___,.~_,.._ _._.... ,Friday, January 2 ~Colurnbus Day Floating ~ 'Holiday moved here} ~ Martin Luther King Day _. ;Monday, January 19 ~..__........._.._.---.._.__..,,..-._ ..__....._.~-......._.,.._,,.___.......__. Presidents' Da y ... ....._i,_.....,._.~.__,........w._.__._.....,.._._..._... --- .. ...__,_.,..._..._...._.,. r,.._.......~r....._.._~-__-._ ~ --- ---. y ~Flaatin Halida Monda Februa 16 g Y ~ y~ ~' ~ Memorial Day ;Monday, May 25 ...._,_._._.__._......__._~ Inde endence Da p y _.. _ .....__-.- . _._._..r _.~.~__.. _.......,...__ _.._.__---- Frida Jul 3 y? y --__._~_~,.__ T.~_.....~..~,.,...._...~.,,.._ ..... _...,__._..__._ ___ Labor Day ._.... __~., _... ..__._._,.~.4__... _ ..___._ _ _ __...__._---. _----...__._...,..__ ._,,._._____ _........~ __ ....__..._.______~. _. ~ Monday, ~epternber 7 Veteran s Day ~ ~ ,,~ ~ Floating Holiday (VL~ednesday, November 11 } ~ ,Thanksgiving Day ;Thursday, November 2~ ~ Da after Thanks ivln y g g ~ Frida Noverrlber 27 f ~ y~ _ . _~ _.. ~__.... __ _ ~~ Christmas Da Y ;Friday, December 25 ~ ~ ~ iY~.+wwYwwwwlwll~/~YNY~YIWYWIMW~MMwlawwwl~Yw~M~YMMY~~~'+w~vMM'~nIM~~T~WWA/~ilWw~l'~"~~ .• _ - -"-I~YY~~. aYfw~YYY~~Y+~Y~+~Y~+M~YVW~M/YIM~~ti~l~ww~Nl^~~"/rwN~Ml4.~ Floating Haliday is when the County Offices remain open to the public. 2010 Holiday Schedule ,- _.__~,......r~_~._~._._ __.,_..~_.~_.. _._ _, .,. _......_..._ .,..~.... ~ y j New Year's Da _.__... _,_ _...._.__~ _~ _._ _ _...._ _____. _.__..,~ _, ........ __._ .._... ~_ ...__.---~___........_.._........_.__._..~..~ ~ y, ~' ;Frida Janua ~ f ._ 'Martin Luther King Day ~ _.~~ _ . ~ ... .._ - - -----_.... ~ Monday, January 1$ ~. __...__-.____..___._.._ .._ ~_._Y....,...._..._,..._.. _._._.. r_ _..__._.~. Presidents' Day .. , ... _ . ~ .. _._.~_w.__.~_~__. ,.,. . . Floating Holiday Monday, February 1 ~) __ _.. _ _._____---..... _ ...._.~_._--- . w_...~.._ ,.,....~ .._... _ . '1 Memoria Day ~ _ _........... _____.... . _.. ___ _,_ _ .... _. _ . _ .._. __. __ .., .. _ i na Ma ~ , Mo d y, y 3 . T_...___......,.. _.. ~_ ..,.~. Independence Day 'Monday, July 5 ~ ~ Labor Day .~~__ W _-. - ~-- - -~__.._~.__.__._.._- ;Monday, September 6 Columbus Day ,,~ ~ Floating Holiday (Monday, October 1 ~ } Veteran s Day ;Floating Haliday Thursday, November 11 } f ~ ' i ~, Thanksg~v ng Day !Thor da ovember 25 s y, N _.~____~.._~~___..___.~_~_.__,_~._____........~. Day after Thanksgiving W~.,_._.~_..._.~,._..~...~___.~W______~------.-~.~_.,_~.~.__._....~_,..~,.~",.,......~.,.__..~_._ __...._ ~ Friday, November 2~ Christmas Day ~ Friday, December 24 *Floating Haliday is when the County Offices remain open to the public, AC~f I+ON N~. A-102$08-5 ITEM NUJ. F-4 AT A REGULAR MEETING OF THE BGARD nF SUPERVISGRS OF RGANGKE CGUNTY, VIRGINIA HELD AT THE ROANGKE CGUNTY ADMINISTRATIQN CENTER MEETING DATE: October 28, 2008 AGENDA ITEM: Request for adop~l:ion of the stormwater management project list forfiscal year 2008-2009 SUBMITTED BY: Arnold Covey Director, Community Development APPRGVED BY: John Chambliss County Administrator CQUNTY ADMINISTRATGR'S COMMENTS: SUMMARY QF INF4RMATI~N: At a work session held on October 28, 2008, staff presented an overview of the Storrnwater Management Program, a list of completed projects, and a new list of projects for their consideration. Projects P-182 through P-322 were previously presented to and approved by the Board of Supervisors. The status of these projects was discussed during the work session. Staff is now submitting projects P-323 through P- 327 with maps and justifications for inclusion into the Stormwater Management Program for fiscal year 200812009. The new projects are prioritized according to adopted County policy and are shown irN EXHIBIT "A" PROPOSED PROJECTS. Funding is available for projects remaining on the approved list up to project P-319. The remaining projects will be funded in fiscal year 2009-2010. FISCAL IMPACT: No additional funding is being requested. ALTERNATIVES: 1. Approve the addi~l:ional drainage projects for inclusion into the Stormwater Management Program. 2. Do not approve the additional drainage projects for inclusion into the Stormwater Management Program. STAFF RECOMMENDATION: Staff recommends approval of Alternative 1. VOTE: Supervisor Church motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c: Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning E 0 M .... c l~w,`J T G y Y! Y~~ a 0 V a T W U~.` ~ ~ C7 (? t7 '', ~,.~ o o ~ ~ a ~.,~~~- •'~w.• z w ~ w z w ~ w ~ .r, F,~''`: ~ :; ,.~, H ~'• ~' .rF ~ '~Y ~ ,.~ Q ? ~ ~ ~ = . ~ ~ ~,f ~ ~ ~R ; : h ~.1 ~ ~ f' J ~ W ; .; :: ¢ U x ~ = Q rr ~~v,r A,{1J-~, ';.t ~ ~'w ~.•, C °'~W ~'~~ a i ,.~=ti= ~' ~ .'+ a r o o N 0 a h c a ~ a a D ~ ~ ~ f N •I ~~~Y'~ 1 = } f i •~ O r ~', s , h ~ Y a ti , . ,'ti~,~ ~ o r~ v u a o ao Q . ' ;:.~'- i :; ~;~~' ~~:~,Uf-r K~ o a ° e a c ~ ~i:+~~F. O O ~ O O '~' Q s~; .1. o ~ ui ~ ~ a ~i ~ ~ r V,^, ~ ~ . • f ;:~,~, W :~; ,.. ~ • ~ r ~A ` ~ `.k, ~ W ,` Y ~ ~t ,i^j~, W a ~':r : :: ~ ~ a yr , r ~~: W ...f.:.a.:,,.. . 1 A" ~,., f. ,, ~.:,... .~z ~~ ~ ~ .:~~, ~~ ~ z ~ ~ i ~ r w'F ~ 4 W ~ s ,••,~ ~, ~ V ~ U .~Mf,~' Y • ~ w ~ ~ ~ ~ ~ ,'w., r •r f~ ~ !~ W a ~ H i,Y~ `~ ~ ~ ~ ~ nn I I ~f .;~'~~ - :T~! ~rl• V {7p ~ Y/ i ++ ~_~~~~' Z ~ G ~ ~ C 0 ~ ~ ' r GI a `~. ~~ ~,~~.,~,' ~ ~ ~ m w o ~ .'';t~, co N ~ ~ •G.~~ -.~~.~ ~ ~ c a ~ ~` : W,:~„ -~ -~ ~o ~ " ' ~ v ~ c Q ,i,~ 1,~ '.~~- 'S •..~. ~ y+ f 1~ I~..~. ~~"~ a;~. n ~ ~" ;~~z ~;~..~.: ATA REGULAR NIEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2DD8 ORDINANCE ~ 0808-G APPROVING A LEASE AGREEMENT WITH THE IDA MAE HOLLAND TRUST OF LAND ADJACENT TO THE READ MOUNTAIN PRESERVE TAX MAP NO. 08.00-0~ -09.00 IN THE HOLLINS MAGISTERIAL DISTRICT FOR PURPOSES OF PUBLIC ACCESS WHEREAS, the Ida Mae Holland Trust is the owner of parcel of real estate located primarily on the Hollins side of Read Mountain adjoining the Read Mountain Presence, composed of approximately 25D acres, owned by the Board of Supervisors of Roanoke County (Tax Map No. 039.00-01-01.05); and WHEREAS, trails on Read Mountain constructed by volunteers with the Read Mountain Alliance with the permission of the property owners cross back and forkh between these two adjoining properties by following the natural contours and nat necessarily the surveyed property boundaries; and WHEREAS, it would serve the public interest for the County and its citizens to have unimpeded legal access to the entire trail system on the Read Mountain Presence as it now exists, including access to Buzzards Rock, and to permit trail improvements in the future; and WHEREAS, the trustee of the Ida Mae Holland Trust has graciously agreed to rent to the County for a nominal fee so much of this adjoining parcel (Tax Map No. 028.00-01- D9.DD} as designated on the attached sketch map identified as Exhibit "A", attached hereto; and WHEREAS, Section 18.84 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 October 14, Zoos; and the second reading was held on October 28, 2D08. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator or his designee is hereby authorized to execute a lease agreement with the Ida Mae Holland Trust for that portion of real estate adjoining the Read Mountain Preserve as indicated on Exhibit "A", attached hereto, from October 28, 2UD8 and continuing for one year un~l:il October 27, 2gQ9; thereafter, this lease is subject to ann+~al renewals, for a yearly rental of $1. 2. That 'the County Administrator or his designee is authorized to execute said lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to execute such other documents and take such further actions 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 this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 2 A CQPY TESTE: I iV v 1 ~ " Brenda J. H Iton, CMC Deputy Clerk to the Board c: Janet Scheid, ~reenway Planner Pete Haislip, Director, Parks & Rec Paul Mahoney, County Attorney Rebecca Owens, Director, Finance 3 .~ .~ X W m r ~~ N ~ N II ~- W UJ o W~ Z Q W v~ W~ W Q a Z U w W ~~ ~-" z ~. W ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON ~-UESDAY, OCTOBER 28, 2008 RESgLUI'14N 102808-1 APPROVING AND CgNCURRING IN CERTAIN ITEMS SET FgRTH qN THE BgARD qF SUPERVISgRS AGENDA FqR 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 October 28, 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 4 inclusive, as follows: 1. Approval of minutes --October 14, 2008 2. Request for donation of a surplus vehicle to the Town of Pulaski, Virginia 3. Resolution to approve the conditions of the Virginia Juvenile Community Crime Control Act ~VJCCCA}grant for fiscal year 2008-20D9 and to allow participation by the City of Salem 4. Confirmation of committee appointment That the Clerk to the Board is hereby authorized and directed where required bylaw to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Flora to adoptthe resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: Brenda J. H Iton, CMC Deputy Clerk to ~khe Board c: Anne Marie Green, Directar, General Services Rick Burch, Chief, Fire & Rescue Rebecca Gwens, Directar, Finance John Chambliss, Assistant County Administrator Dr. Betty McCrary, Directar, Social Services ACTIGN NfJ. A-102808-~.a ITEM NG. K-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISGRS 4F ROANGKE CGUNTY, VIRGINIA HELDATTHE RQANGKE CGUNTY ADMINISTRATIUNOENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: Gctober 28, 2008 Request fordonation ofsurpl~~svehicletotheTown of Pulaski, Virginia Anne Marie Green Director of General Services John M. Chambliss County Administrator CGUNTY ADMINISTRATOR'S COMMENTS: SUMMARY qF 1NF~RMATI4N: From timetotime, other local governmental agencies have requested donation of surplus vehicles from Roanoke County, and the County has generally honored these requests. The Town of Pulaski, through its police Cl~iief, Gary Roche, a former Roanoke County police officer, is requesting the donation of a Chevrolet ambulance for use by their emergency response team. The formal request is attached, and indicates that events over the past two years in the New River Valley have dictated a need for this type of vehicle to provide mutual aid to other jurisdictions. The Town has been advised of the cast to repairthe vehicle, and is willing to proceed with the donation. FISCAL IMPACT: It is estimated that the vehicle is worth approximately $2,000, less the cost of staff time posting it on our Internet auction site and completing the accompanying sales transactions. STAFF RECQMMENDATI~N: Staff recommends that the Board approve this request. varE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c; Annie Marie Green, Director, General Services Rick Burch, thief, Fire & Rescue Rebecca Owens, Director, Finance ATA REGULAR MEETING OFTHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2008 RESOLUTION ~ 02848-7.b TO APPROVE THE CONDITIONS OF THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT ~VJCCCA~ GRANT FOR FISCAL YEAR 2408-2049 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 bo~tl~ 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 2008-2009 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 RESQLVED that the County Administrator or the Assistant Caunty Administrator is hereby authorized to execute a local plan on behalf of the Caunty of Roanoke and City of Salem; and BE IT FURTHER RESC}LVED that the County of Roanoke will combine services and grant resources with ~khe City of Salem, and the County, as operator of the Life Skills Mentoring Program, will serve as fiscal agent for these localities. Qn motion of Supervisor Flora to adopt ~~he resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: ~~~~~. ~, Brenda J. Holton, CMC Depi.~ty Clerk to the Board c: Joan Chambliss, Assistant CountyAdministratar Dr. Betty McCrary, Director, Social Services David Davis, Court Services James Taliaferro, III, Clerk, City of Salem ACTION NO. A-102808-7.c ITEM NO. K-4 AT A REGULAR MEETING GF THE BGARD OF SUPERVISGRS GF ROANGKE CGUNTY, VIRGINIA HELD AT THE RGANGKE CGUNTY ADMINISTRATIGN CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: COUNTYADMINI C3ctober 28, 2008 Confirmation of CorrimitteeAppointment Brenda J. Holton, CMC Deputy Clerk John M. Chambliss, Jr. County Administrator STRATOR'S COMMENTS: SUMMARYOF INFORMATION: ~. Blue Ridge Behavioral Healthcare The three-year term of Rita Gliniecki, Roanoke County member, will expire on December 31, 2008. Ms. Gliniecki is not eligible for reappointment as she has served three consecutive terms. Ms. Gliniecki and Blue Ridge Behavioral Healthcare have recommended Pastor Keith Beasley of Good Shepherd Lutheran Church. It was the consensus of the Board to add confirmation of Pastor Beasley's appointment to serve as the Roanoke County member for athree-year term beginning January ~ , 2009, and ending December 31, 2011, to the consent agenda. VOTE Supervisor Flara motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore Mr. Church ~ ~ ^ ^ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c: Blue Ridge Behavioral Healthcare File ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 2008 RESOLUTION ~ ~425~8-8 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY UVITH THE CODE OF VIRGINIA VIJHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on ti~~is date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and UUHEREAS, Section 2.2-3~~2 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. NOVIl, THEREFORE, BE IT RESOLVED, thatthe Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: ~ . Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certifica~l:ion resolution applies, and 2. Only such public business matters as were identified in the motion convening ~khe closed meel:ing 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 ~khe following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: ~~~r~ ~~~ Brenda J. Holton, CMC Deputy Clerk to the Board ACTION NO. A-~ D28D8-9 ITEM NO. S-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, 52D4 BERNARD DRIVE, ROANOKE, VIRGINIA MEETING DATE: AGENDA ITEM: SUBMITTED BY: October 28, 2D08 Reguest to approve an agreement with Front Street Construction, Inc. and Old Towne Development, LLC. and the Village at Stone Creek Homeowners' Association to resolve pending litigation concerning the Vlvolf Creek Planned Community Paul M. Mahoney Ca~~nty Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Ordinance ~ D2495-~ D approved the establishment of the County's first planned residential development (PRD} known as Vllalf Creek. The developers Wolf Creek, Inc. and Circle C Consultants, Inc.} proffered and the County accepted numerous conditions forthis PRD, which were amended by Ordinance DS1997-~2. Front Street Construction, Inc. and Old Towne Development, LLC contracted with the original developers to develop a portion of this PRD known as the Village at Stone Creek. Many of the promised improvements and amenities in the proffered conditions I~ave not been constructed ar installed. The Board directed the County Attorney to commence litigation against Front Street Construction, Inc. and Old Towne Development, LLC to compel compliance with the PRD conditions. aver the past several months County staff and Supervisor Al~rizer have negotiated an agreementwith the developers and the homeowners' association ~theVillage at Stone Creek Homeowners' Association, Inc} to secure consensus on methods of compliance with the proffered conditions, and to avoid the costs, delays and uncertainties of litigation. If the Board approves this agreement, the pending litigation will be dismissed. Attached you will find a copy of this agreement wr~ich provides the following: • that the developers of the two phases of the Village at Stone Creek will turn over governing control of ~khe development to the homeowners' association; • that the developers will pay a sum of money to the County, which will be held in escrow for the homeowners' association to compensate it for amenities promised underthe PRD b~~t not installed and to reimburse it forthe installation of amenities consistent with the PRD; • that the developers will convey to the County open space real estate the County in turn will convey said real estate to the homeowners' associalion}; • that the County will consider amendments to the PRD eliminating certain conditions previously accepted; • that tl~e homeowners' association will complete its workwithin a defined timetable; • that the developers will be released from further liability or responsibility for past failure to comply with the PRD conditions; and • that the homeowners' association agrees to and supports this agreement. It is requested thatthe Board approvethis agreement in substantiallythe form and content submitted; however, it is also requested that the County Attorney be authorized to make modifications to ~khe agreement so long as those modifications do not alter essential elements outlined herein. The developers and County staff will work together to develop text amendments to ~khe PRD which will be submitted to the Planning Commission and Board of Supervisors for appropriate action in early X009. FISCAL IMPACT: Accept the payment of $30,000 to be held in escrow by the County and distributed as provided in the agreement and as approved amenities are installed. No direct fiscal impact, although significant staff time and resources will be required to complete and implement this agreement. ALTERNATIVES: 1. Approve 'the proposed agreement. 2. Refuse to approve the agreement, and litigate the enforcement of the planned residential development conditions, responsibility and liability issues over the next several years. STAFF RECOMNIENDATI~N: It is recommended that the Board authorize the County Administrator, or any Assistant County Administrator, to execute the agreement on behalf of Roanoke County in substantially the form and content as attached and subject to approval as to form by the County Attorney. VOTE: Supervisor Altizermotion toapprove staff recommendation Motion Approved Yes No Abs Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c: Paul Mahoney, County Attorney Arnold Covey, Director, Con~~munity Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Rebecca Owens, Director, Finance . ~~ THIS AGREEMENT ~s made and entered Into this day of ~" , 2008, by and among FRONT STREET CONSTRUCTION, INC., a Virginia Corporation thereinafter "Front Street" ), OLD TOWNE DEVELOPMENT, LLC, a Virginia limited liability company ("Old Towne"), THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, the "County"), and THE VILLAGE AT STONE CREED HOMEOWNERS ASSOCIATION, INC., a Virginia Corporation, tthe "Association"). WITNESSETH, WHEREAS, wolf Creek, Xnc. was originally the developer of a project in Roanoke County known and identified as Wolf Creek; and WHEREAS, said project was a planned residential development whose coning was governed by the document entitled "Wolf Creek, A Planned Community," which document was approved as Roanoke County's first planned residential development in 1995 by Ordinance Nurnbe 1x2495-10 and amended in 199 by Ordinance Number 08199-12 collectively the "Ordinance"); and WHEREAS, Wolf Creek, Inc. undertook the development of a portion of the project governed by the Ordinance; and WHEREAS, a portion of said protect is currently being developed by Circle C Consultants, which portion is known as Richard's Wood; and WHEREAS, Wolf Creek has conveyed the remaining portion of the project to Old Towne, to be developed by Front Street and to be known as the Village at Stone Creek and Rockbridge at Wolf Creek; and WHEREAS, the Association has been established in order to provide governance far the subdivision known as the Village at Stone Creek; and WHEREAS, certain issues have arisen among the parties as to whether certain portions of the Village at Stone Creek have been developed in accordance with the Ordinance and the Planned Residential Development Master Plan; and WHEREAS, the parties have entered into a series of lengthy negotiations in an effort to resolve the issues among them; and WHEREAS, the parties hereto have reached an agreement as to the resolution of all issues relating to the Village at Stone Creek; and ~f-IEREAS, the parties desire to enfier into this Agreement to set forth all temps and conditions relative to said settlement and resolution; and, which terms and conditions have been accepted by each of the entities by appropriate action taken on their behalf which, in the instance of the Association indicate approval thereof by majority of the owners of Lots within said subdivision exclusive of the Developer Front Street Investments, Mark Corkery and Paul Carkery~ and; WHEREAS, 'this Agreement is contingent upon the adoption of an Ordinance by the Board of Supervisors amending the Planned Residential Development Ordinance incorpora~ng the changes described herein. NOW, THEREFORE, f or and in consideration of the mutual promises herein contained, the parties hereto do covenant and agree as f ollaws: Z. Upon execution of this Agreement by all parties hereto, Front Street shall deposit the sum of $1x,000 with the County to be held in escrow for the benefit of the Association; said funds to be paid to the Association as hereinafter set out. The purpose of this sum shall be to reimburse the property owners within the Association for amenities promised under the Ordinance but not constructed. Igo funds will be disbursed until the amended ordinance is adopted by the Caur~ty. If for any reason this Agreement becomes null and void, the $10,a~ shall be refunded to Front Street. ~, Upon execution of this Agreement, the Developers shall deposit the sum of $0,400 with the County to be held in escrow; said funds to be paid to the County in order to address _~_ other development issues of the Association not addressed by this Agreement. The purpose of this sum shall be to pay for the installation of various amenities listed in the Ordinance and paragraph 15 of the Complaint. The Association shall choose the amenities to be installed, subject to review and approval by the County.est. These amenities shall be installed by the Association within twelve months of the execution of thzs Agreement or December 31, 2Q09 whichever occurs later. No f ands will be disbursed until the amended ordinance is adopted by the County, If f or any reason this Agreement becomes null and void, the $Z~,o~~ shall be refunded to Front Street. 3. The payment of $30,~D~ to the County by Front Street as provided in paragraphs 1 and 2 above shall be in lieu of the cons~ructian and installation of the ameritles required by the Ordinance, and more specif ically listed in paragraph 15 of the Complaint previously filed by the County against Front Street in the Circuit Court of Roanoke County, Case No. CL~SD~D453 the "Lawsuit"). 4. County staff shall prepare a spreadsheet identifying all text changes to be made to the Ordinance reflecting the negotiations with the Developer. Said spreadsheet shall incorporate language reflecting the items referenced in paragraph 15 of the Lawsuit and shall be such that upon approval of the text amendments as hereinafter set out the Wolf Creek PRD shall, insofar as the Village at Stone Creek is concerned, be deemed to be in compliance with the County ordinances. On approval of the conceptual text changes as set out in this paragraph, the Developer shall prepare draft text amendments and engineered concept plans based upon the spreadsheet and shall submit the text amendments and engineered concept plans as a proffer amendment to the Ordinance to the Planning Commission for its consideration and recommendation to the Board of Supervisors and thereof ter f or consideration of said changes by the Board of Supervisors. County staff shall review and approve the text amendments to the Ordinance prior to submission to the Plaxuvrtg Commission and thereafter for consideration by the Board of Supervisors. It is the intention of the parties that amendments to the Ordinance shall -3- be considered no later than March 31, Zoo9. 5. The County Staff shall further schedule meetings with residents of the Village at Stone Creek and shall submit said proposed changes as approved by Developer to said residents. A formal vote of the residents shall be taken and concurrence of the residents shall be obtained by a majority vote. If a majority of the residents do not approve of the terms of this Agreement, the Developer shall reserve the right {but not the obligations to withdraw from this Agreement. 6. Upon approval of the ordinance by the Board of Supervisors, Front Street shall immediately turn over governing control and the financial records of the Association to the members of the Association, subject to the following: ~a~ Mark Corkery will remain on the Board of Directars of the Association until the earlier of December 31, X010 or until he no longer resides in the Village at Stone Creek and the rernainirtg directors shall be chosen by the residents; ~7 Front Street will retain architectural control over the remaining lots in Phase Z of the Village at Stone Creek; ~c} no dues will be paid to the Association by the owners of vacant lots; dues will be paid only after a building permit is issued for the construction of a house; and ~d~ only dues paying lot owners shall have a vote in the affairs of the Association . 7, Front Street shall have no further obligation to the Association for maintenance and/or repair of the streets, common areas, or any other improvements or amenities located within the Village at Stone Creek once said streets, common areas, improvements or amenities are conveyed to the Association. Front Street shall remain responsible for repairs to the streets and other common areas if damaged during construction of houses by Front Street or Uld Towne in the Village at Stone Creek or Rockbridge {Phase 3 of the Village at Stone Creek. 8. Upon adoption of the amended ordinance by the County the funds held in escrow under paragraph Z shall be released to the Association as it completes the installation of improvements as approved by the County. The Association shall have no responsibility to install improvements and amenities in excess of the escrow funds available. Upon execution of this -4- Agreement by all parties hereto all letters of credit on Phases ~. and 2 of the Village at Stone Creek shall be released, and $~,QQQ cash or letters of credit for each vacant lot blots 5, b, 11 and 16 in Section 2} in the Village at Stone Creek shall be paid or submitted to the County to secure compliance with all erosion and sediment contxol ordinances and regulations The Association agrees to begin all landscaping work at the Village at Stone Creek within 3D days of the adoption of the ordinance amending the Planned Residential Development, and to complete that work within ~~ days of the adoption of said amendment, subject to seasonal planting cycles. Prior to the release of funds and the installation of landscaping and other irnprovements, the Association shall submit to the County for its review and approval a landscaping plan and a plan for the construction of the entrance feature said feature to be uniform and consistent with the other entrance features in Wolf Creek}. 9. Front Street intends to sell Phase 3 of the Village at Stone Creek. The County shall approve the plans for the development of phase 3 as currently submitted. This approval shall occur upon the execution of this Agreement and payment of the $30,gaq as provided in paragraphs 1, 2 and 3. The developer of Phase 3 shall be responsible for complying with the requirements of the Ordinance, including but not 'ted to installation of plantings and construction of the walking txails in and around the "Meadow", and the pre ' ary development construction schedule prepared by Balzer and dated April 23, 2407, which is attached to this agreement. 10. The County and the Associatian hereby release, remise and forever discharge Front Street, Front Street Investments, LLC, Old Towne, R. Mark Corkery, Paul W. Corkery, Veronica B. Corkery, and Mi.chaei A. Howdyshell, along with their respective predecessors, successors, parent corporation, subsidiaries of ' 'ates, officers, directors, employees, agents, heirs, estates, and assigns {collectively the "Released Parties"} from any and all claims, demands, causes of action, damages, and suits of any kind which the County and/ or the Association have or may _5_ have against the Released Parties, arising out of or relating in any way to the failure of the Released Parties to install the amenities as required by the provisions of the ordinance, and which are the subject of the Lawsuit. 11. (old Towne shall donate the property known as the "Meadow" consisting of approxirn.ately 1.5 acres to the County subject to the f ollowing conditions; ~a} all parties with an interest in the Meadow including Vllalf Creek, Inc. and First Nat'ranal Bank} shall approve of the conveyance to the County; fib} except for the preparation of a deed and subdivision plat and the statutory recordation f ees, there will be no cost to Front Street associated with the conveyance; and ~c} Front Street shall convey the property by quitclaim deed. The conveyance shall occur within 3D days after the execution of this Agreement by all of the parties. After the conveyance, Front Street shall have no further obligation or responsibility with regard to the landscaping in the Meadow. Zt is the intention of the County to convey the Meadow to the wolf Creek 1-lon~eowner's Association, which shall be responsible f or all maintenance of the Meadow. lVliscellaneous Provisions ~A.} Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, devisees, personal representatives, successors and assigns. ~B~ Waiver, Failure by any party hereunder to insist upon ar enforce any of its rights hereto shall not constitute a waiver thereof. ~C} Governing Law; Venue. This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia. To the extent permitted by law, the parties irrevocably agxee that if there is cause far any litigation and/ or adjudication, such litigation and/ar adjudication shall occur 1n the Circuit Court serving the County of Roanoke, Commonwealth of Virginia. -G- (D} Headin s. The paragraph headings axe herein used f or convenience of reference only and shall not be deemed to vary the content of this Agreement or the covenants, agreements, representations and warranties herein set forth ar the scope of any paragraph. ~E~ Counterparts. If this Agreement shall be executed in two or more counterpart originals, each counterpart original shalt be for all purposes considered an original of this Agreement, ~F~ f'axtzal Inv_aliclity. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of which other provisions shall remain in full force and effect; and it is the intention of alI the parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. ~G~ ~nderstandin~. This Agreement contair-s the entire understanding between the parties hereto with respect to the property and is intended to be an integration of all prior ox contemporaneous agreements, conditions, or undertakings between the parties hereto; and there are no promises, agreements, conditions, undertakings, warranties, or representations, oral or written, express or implied, between and among the parties hereto with respect to the properties other than as set (arch herein. Na changes ar mad' 'cations of this Agreement shall be valid unless the same is in writing and signed by all parties hereto. 4H~ Time. With respect to all time periods contained in this Agreement, it is expressly understood that time shall be, and is, of the essence. 41} Holidays, etc. Whenever the last day far the performance of any act required by any party under this Agreement shall fall upon a day which is not a business day, the date for the performance of any such act shall be extended to the next succeeding business day, As ~7- used herein, a business day shall mean any day which is not a Saturday, Sunday, or federal or Virginia holiday, (J~ Effective Date. The Effective Date of this Agreement shall be the last date that this Agreement is executed by any party hereto, and such date shall be inserted as the Elfective Date at the begiruvng of this Agreement. ~K~ Approval by Board of Su~ is~rs. This Agreement is subject to the approval of the Board of Supervisors of Roanoke County. If this Agreement is not approved by the Board of Supervisors, or ~ the amended Ordinance is not adopted, then this Agreement is null and void, and of no effect. IN WITNESS WHEREOF' the parties hereto have executed this Agreement the day and year first above written. FRONT STREET CONSTRUCTION, INC., a Virginia Corporation By: Its: ~~~~ ~ OLD TCI~'NE DEVELOPMENT, LLC,, a Virginia Limited iab' 'ty Company By Its: __ ~,~-' TFIE BOARD DF SUPERVISORS OF RfJANOKE CUUNTY, VIRGINIA By: Its: VILLAGE AT STONE CREEK HOMEOWNERS ASSO SON, INC., a V` ' 'a Corporation By• ` ~~.. _g ATA REGULAR MEETINQ QF THE BQARD OF SUPERVISQRS 4F R4ANQKE COUNTY, VIRGINIA, HELD AT THE RQANQKE COUNTY ADMINISTRATIQN CENTER, TUESDAY, OCTOBER 28, 2008 ORDINANCE 10288-10 TO MODIFY EXISTING PROFFERED CONDITIONS IN A C-1 C, OFFICE DISTRICT UVITH CONDITIONS, ON 1.241 ACRES LOCATED AT 5fiS1 STARKEY ROAD~TAX MAP N0. S7.1S-1-40~, CAVE SPRING MAGISTERIAL DISTRICT, UPON THE APPLICATION OF STARKEY MEDICAL, PC WHEREAS, thefirst reading ofthisordinancewas held onAugust26, 2008, andthe second reading and public hearing were held October 28, 2008; and, WHEREAS, the Roanoke County Planning Corr~rr~ission held a public hearing on this matter on September 2, 2008 and October 1, 2008; and WHEREAS, legal notice and advertisement has been provided as required bylaw. BE lT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. Thatthe proffered conditions in a C-1C, Office District with Conditions, on a certain tract of real estate containing 1.241 acres, as described herein, and located at 5681 Starkey Road Tax Map Number Sl. ~ 8-1-40} in the Cave Spring Magisterial District, are hereby amended as set out below. 2. That this action is taken upon the application of Starkey Medical, PC. 3. Thatthe ownerof the property has voluntarily proffered in writing thefollowing amended conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The property shall be developed insubstantial conformance with the site plan prepared by Craighead and Associates, dated September 29, 2008. (2) No more than 5,600 square feet of medical office shall be constructed, and no more than 2,464 square feet ofgeneral officeshall beconstructed includingtheexisting structure. (3) The proposed building shall be constructed in substantial conformance with the Starkey Road Elevation East} prepared by Craighead and Associates, dated August 1Q, X008, (4) The proposed landscaping shall be constructed in substantial conformance with the Landscape Plan prepared by Craighead and Associates, dated September 29, zoos. (5) If a new freestanding sign is proposed, it shall be monument in style, and constructed with materials to complimentthe proposed building elevation. The monument sign shall not exceed ten (10) feet in height and contain no more than fifty (50) total square feet. (6) All exterior lighting poles shall not exceed fifteen (15) feet in total height inclusive of the base. ~7} The proposed uses on-site shall be limited to General Office, Medical Office, Business or trade schools and Guidance Services. 4. That said real estate is more fully described as follows: Begir~riing at a pointon thewesterlyside of Starkey Road, Virginia Secondary Route 904 at the southeasterly corner of the property now or formerly known as the Baptist Parsonage; thence with the westerly side of Starkey Road South ~4° 16' VIlest 154 feetto a point in the center of a dry branch; thence leaving Starkey Road North 73° 30' West 310.6 feet to a point; thence North 21 ° 37' East 191.15 feet to a point; thence South 66° 33' East 316.6 feet to the point of begir~riing. 2 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 ~khe change in zoning classification authorized by this ordinance. ~Jn motion of Supervisor Moore to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: Brenda J. Holton, CMC Deputy Clerk to the Board c: Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning John Murphy, Zoning Administrator Paul Mahoney, County Attorney 3 ATA REGULAR MEETING QF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 2$, 2008 ORDINANCE 102808-11 GRANTING A SPECIAL USE PERMIT FOR THE CONSTRUCTION OF A 1l0-FOOT BROADCAST TOWER ON 3.06 ACRES LOCATED AT 8131 HONEYSUCKLE ROAD TAX MAP N0. 93.00-1-1.1~ WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF MEL WHEELER, INC. WHEREAS, Mel Wheeler, Inc. has filed a petition far a special use permit for the construction of a 1l0-foot broadcast tower on 3.06 acres be located at 8131 Honeysuckle Raad Tax Map No. 93.00-1-1.1 } in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 2008; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 2008; ~khe second reading and public hearing on this matter was held on October 28, 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 far the construction of a 17o-foot broadcast tower an 3.06 acres located at 8131 Honeysuckle Road Tax Map No. 93.00-1-1.1} 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 minimun7 adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: (1) The site shall be developed in substantial conformance with the Mel ~Illheeler Inc. Development Plan, dated August 1, 2008, and prepared by Balzer and Associates. (2) The broadcast tower shall not exceed 170 feet in height. 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, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A CQPY TESTE: G ~~KZ.C (vh- Brenda J. Ho on, CMC Deputy Clerk to the Board c: Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning John Murphy, Zoning Administrator Paul Mahoney, County Attorney Z ATAREGULAR MEETING QFTHE BQARD QF SUPERVISQRS QF RQANQKE COUNTY, VIRGINIA, HELD ATTHE RQANQKE CQUNTYADMINISTRATIQN CENTER QN TUESDAY, CJCTOBER 28, 2008 GRDINANCE 102808-12 GRANTING A SPECIAL USE PERMIT FOR THE PURPQSE OF RELIGI©US ASSEMBLY ON 3.30 ACRES LOCATED AT THE 4800 AND 4900 BLOCKS +DF CLGVERDALE ROAD TAX MAP NOS. 40.01-1-9,10,11 } HGLLINS MAGISTERIAL DISTRICT, UPON THE PETITI~JN CAF BONSACK BAPTIST CHURCH WHEREAS, Bonsack Baptist Ch~arch has filed a petition for a special use permit for the purpose of religious assembly on approximately 3.3.0 acres located at the 4840 and 4940 blocks of Cloverdale Road {Tax Map Nos. 40.41-1-9, 10, and 11 ~ in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on Qctober 1, 2008; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading an this matter on September 23, 2008; the second reading and public hearing on this matter was held on Qctober 28, 2008. NQW, THEREFQRE, 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 Bonsack Baptist Church for the purpose of religious assembly located at the 4800 and 4900 blocks of Cloverdale Road 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: ~~ y The site will be developed in substantial conformance with the "Parking Expansion for Bonsack Baptist Church" prepared by Hughes Associates Architects, Inc. dated July 31, 20DH. 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 Adrr~ir~is~trator is directed to amend the zoning district map to reflect the change in zoning classification authorized bythis ordinance. ~n motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: C~2Q.~-~. , ~Q~4^-~ Brenda J. olton, CMC Deputy Clerk to the Board c: Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning John Murphy, Zoning Administrator Paul Mahoney, County Attorney 2